E.Kumar, No.263, O.No.7/96a v. The District Revenue Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2016 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.10325 of 2016 E.Kumar ... Petitioner Vs.

1. The District Revenue Officer Thiruvallur District, Thiruvallur.

2. The Revenue Divisional Officer Ambattur Taluk Office, Ambaattur, Chennai.

3. The Tahsildar Avadi Taluk Office, Avadi, Chennai.

4. J.Subbamma ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation, dated 20.12.2015 and reminder, dated 10.02.2016 and 17.02.2016.

For Petitioner : Mr.D.Senthil Kumar For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

The writ petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of writ of mandamus, directing the respondents 1 to 3 to consider the petitioner's representation, dated 20.12.2015 and reminder, dated 10.02.2016 and 17.02.2016.

2. The petitioner has appointed the deponent of the affidavit as his Power Agent, by a Deed of General Power of Attorney, dated 22.06.2015, registered as Doc No.7841/2015 on the file of Office of the Sub-Registrar, Avadi. The power agent of the petitioner has filed the affidavit, wherein he has stated that the vacant land situated in Vellanore village, Ambattur Taluk, Thiruvallur District, measuring an extent of 50 cents along with larger extent, comprised in Survey No.388 of Vellanore village, was originally owned and possessed by the grandfather of the petitioner, Mr.Sengan, s/o Pennan and others and they have inherited the same from their ancestors. He has further averred that the patta No.570 was issued in name of Mr.Sengan and 6 others in respect of the property comprised in S.No.

388 of Vellanore village and subsequently, the extract of SLR, the ''A" Register and also the extract of settlement adangal issued in the fasali year 1392 in the name of Mr.Sengan to confirm that the petitioner's grandfather is in possession and enjoyment of the said property and absolute owner of the same. It is seen that the other joint owners seems to have been sold their portion to the third parties. But the petitioner's grandfather, Mr.Sengan had never executed any sale deeds or any other deeds to and in favour of fourth respondent or her predecessor at any point of time. After the death of Mr.Sengan, the said property devolves on the petitioner and the petitioner is in absolute possession and enjoyment of the same, without any interruption at any point of time.

3. When the petitioner decides to sell the same and verified the revenue records, he came to understand that in respect of the petitioner's land, the Patta, bearing No.1634 was issued to in favour of the fourth respondent. Thereafter, the power of agent, on 20.12.2015 approached the respondents 1 to 3 and submitted a written representation, dated 20.12.2015 for the cancellation of patta issued to the fourth respondent, but no action was taken on the said representation. Thereafter, again sent a written representation on 10.02.2016 to the third respondent and reminder was sent to the first respondent on 17.02.2016. Since the same were not considered by the respondents 1 to 3, the petitioner has come forward with the present writ petition, seeking for the relief as stated supra.

4. Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the respondents.

5. Considering the facts and circumstances and after hearing the submissions of both sides, I am of the opinion it would be appropriate to direct the respondents to dispose the

representation, dated 20.12.2015 and reminders, dated 10.02.2016 and 17.02.2016. Accordingly, without going into the merits of the claim made by the petitioner, this Court directs the respondents to dispose the representation of the petitioner, dated 20.12.2015 and reminders, dated 10.02.2016 and 17.02.2016, within a period of twelve weeks from the date of receipt of a copy of this order, after affording reasonable opportunity of personal hearing to the petitioner as well as to the fourth respondent. It is also made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner and it is open to the respondents to decide the issue purely on merits and in accordance with law.

6. With the above observations, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar tsvn To

1. The District Revenue Officer Thiruvallur District, Thiruvallur.

2. The Revenue Divisional Officer Ambattur Taluk Office, Ambaattur, Chennai.

3. The Tahsildar Avadi Taluk Office, Avadi, Chennai.

+2cc's to Mr.D.Senthil Kumar, Advocate, S.R.No.17708 +1cc to the Government Pleader, S.R.No.18090 W.P.No.10325 of 2016 LRS(CO) CA(04/04/2016)