G.Sekar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.2871 of 2023 and W.M.P.No.2983 of 2023 1.G.Sekar 2.S.Mohan 3.N.Selvaraj ....
Petitioners -Vs1.The District Collector Chengalpattu District Chengalpattu.
2.The Thasildar Vandalur Taluk Chengalpattu District.
3.The District Revenue Officer Chengalpattu District Chengalpattu.
4.The District Registrar Chengalpattu District Chengalpattu.
5.The Sub-Registrar Thiruporur, Chengalpattu District Chengalpattu.
....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 5 to cancel 1 / 6
the fraudulent sale registered as doc no.15306 of 2014 dated 20/ 10/ 2014 and Doc. No.24897 of 2022 dated 10/ 11/ 2022 as illegal and consequently forbearing the respondents 4 and 5 from registering any sale and respondents 1 to 3 from effecting any name change in the revenue records with respect to the schedule property and the interfering with the Petitioners peaceful possession and enjoyment of the lands of the property bearing survey No-61 / 9 D (0.26 cents) Survey no.61 / 9E (0.14 cents) survey no.61/9A (18 cents) Survey no.61/9 B (0.06 cents) bearing door No-20 Othivakkam Village KumizhiPanchayat Vandalur Chengalpattu and to take necessary action to the representation given by the petitioners on 07.09.2022 to the respondent 4. For Petitioners : Ms.R.Jayasree For Respondents : Mr.P.Sathish Additional Government Pleader
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondents 1 to 5 to cancel the fraudulent sale registered as doc no.15306 of 2014 dated 20/ 10/ 2014 and Doc. No.24897 of 2022 dated 10/ 11/ 2022 as illegal and consequently forbearing the respondents 4 and 5 from registering any sale and respondents 1 to 3 from effecting any name change in the revenue records with respect to the schedule property and the interfering with the Petitioners peaceful possession and enjoyment of the lands of the property bearing survey No-61 / 9 D (0.26 cents) Survey no.61 / 9E (0.14 cents) survey no.61/9A (18 cents) Survey no.61/9 B (0.06 cents) bearing door No-20 2 / 6
Othivakkam Village, Kumizhi Panchayat, Vandalur Chengalpattu and to take necessary action to the representation given by the petitioners on 07.09.2022 to the respondent 4.
2. In order to cancel the document already registered as Doc.No.15306 of 2014 dated 20.10.2014 and Doc. No.24897 of 2022 dated 10.11.2022, the petitioners had given a representation to the respondents especially the 4th respondent District Registrar on 07.09.2022. Therefore, in order to consider the said representation and to enquire the matter and decide the same on merits and in accordance with law, the petitioners have filed the present writ petition.
3. Heard Ms.R.Jayasree learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents.
4. Learned Additional Government Pleader would submit that, the said representation submitted by the petitioners dated 07.09.2022 would be considered and enquired upon after giving notice to the petitioner as well as the persons against whom such complaint/representation has been given and final orders would be passed by the 4th respondent within a time frame that may be stipulated by this Court.
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5. Considering the said submission made by the learned Additional Government Pleader, and the innocuous nature of the prayer, this Court is inclined to dispose of this writ petition with the following order. "That there shall be a direction to the 4th respondent to consider the application of the petitioner dated 07.09.2022 and after conducting due enquiry by giving of being heard to both the petitioner as well as the persons against whom the complaint / representation has been given, final orders shall be passed on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order."
6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 03.02.2023 Index : Yes/No Speaking Order / Non-speaking order KST 4 / 6
To 1.The District Collector Chengalpattu District Chengalpattu.
2.The Thasildar Vandalur Taluk Chengalpattu District.
3.The District Revenue Officer Chengalpattu District Chengalpattu.
4.The District Registrar Chengalpattu District Chengalpattu.
5.The Sub-Registrar Thiruporur, Chengalpattu District Chengalpattu.
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R. SURESH KUMAR, J.
KST W.P.No. 2871 of 2023 03.02.2023 6 / 6