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W.P.No.25666 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.07.2025 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.25666 of 2025 Halliammal ... Petitioner
Vs.
1. The District Collector, Nilagiri District, Nilagiri.
2. The Revenue Divisional Officer, Coonoor, Nilagiri District.
3. The Sub-Collector, Coonoor, Nilagiri District.
4. The Tahsildhar, Office of the Tahsildhar, CVF+FF4, Taluk Office Road, Kotagiri - 643 217.
5. Vijaya ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of mandamus, to direct the Sub Collectorate, Coonoor/Revenue Divisional Officer, Coonoor, to complete the enquiry and pass final orders on the petitioner's representation dated 06.05.2025 seeking https://www.mhc.tn.gov.in/judis
W.P.No.25666 of 2025 cancallation of Patta/Chitta issued to the 5th respondent Vijaya in respect of 0.3.24 Hectares out of 0.05.00 Hectres comprised in Survey No.1865/2B, situated in Kotagiri-II Revenue Village, Kotagiri Taluk, Nilagiri District, in terms of order Ref.No.2022/0105/11/025367-2022/11/03/0004345S.D., dated
16.06.2022. For Petitioner : Mr.B.Hari Krishnan For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R4
ORDER By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the fifth respondent is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct respondents 2 and 3, to complete the enquiry and pass final orders on the petitioner's representation dated 06.05.2025, seeking cancallation of Patta/Chitta, issued to the 5th respondent namely, Vijaya in respect of 0.3.24 Hectares out of 0.05.00 Hectres, comprised in Survey No.1865/2B, situate at Kotagiri-II Revenue Village, Kotagiri Taluk, Nilagiri District, in terms of
order
Ref.No.2022/0105/11/025367-2022/11/03/0004345S.D.,
dated https://www.mhc.tn.gov.in/judis
W.P.No.25666 of 2025
16.06.2022. 3. It is submitted by the learned counsel for the petitioner that the petitioner is in possession and enjoyment of the subject property, after the demise of her husband viz., Sevlan, who inherited the same from his forefathers. While so, the fifth respondent tresspassed into the subject property and constructed a building in an illegal manner. Thereafter, the Revenue Authorities without putting notice to the petitioner, conducted a re- survey and alloted only 0.1.76 hectares out of 0.05.00 hectares to the petitioner and the remaining extent of 0.3.24 hectares out of 0.05.00 hectares were illegally alloted to the fifth respondent. Hence, petitioner has submitted a representation to the second respondent dated 06.05.2025, seeking cancellation of patta/chitta issued in favour of the fifth respondent, in respect of 0.3.24 hectares in Survey No.1865/2B. Pursuant to the above representation, the petitioner was called for an enquiry on 17.05.2025 and petitioner has also submitted her written explanation. Thereafter, no further action has been taken by the Official respondents. Hence the writ petition. 4. At the outset it is submitted by the learned Special Government Pleader for the respondents 1 to 4 that they would complete the enquiry after https://www.mhc.tn.gov.in/judis
W.P.No.25666 of 2025 affording opportunity to the petitioner as well as the fifth respondent within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner. 5. In view thereof, this Writ Petition stands disposed of with a direction to Official respondents to complete the enquiry and pass appropriate orders on the petitioner's representation dated 06.05.2025, on merits and in accordance with law, after putting the petitioner as well as the fifth respondent, and any other rival claimants, if any on notice within a period of twelve (12) weeks from the date of upload of web copy of the order without waiting for the receipt of certified copy. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondents to consider the case on its own merits and in accordance with law. No costs. 17.07.2025 veda Index:Yes/No Speaking order/Non-speaking order Neutral Citation:Yes/No MOHAMMED SHAFFIQ, J. veda https://www.mhc.tn.gov.in/judis
W.P.No.25666 of 2025 To
1. The District Collector, Nilgiris District, Nilgiris. 2.
The Revenue Divisional Officer, Coonoor, Nilgiris District. 3. The Sub-Collector, Coonoor, Nilgiris District. 4. The Tahsildar, Office of the Tahsildar, CVF+FF4, Taluk Office Road, Kotagiri - 643 217. W.P.No.25666 of 2025
17.07.2025 https://www.mhc.tn.gov.in/judis