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Madras High CourtWP/5001/2022disposed of

S.Lokeswaran v. Revenue Divisional Officer

2022-03-07Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.5001 of 2022 S.Lokeshwaran

...Petitioner

vs.

1. Revenue Divisional Officer, South, Guindy, Near M.G.R. Medical University, Chennai - 600 032.

2. Tahsildar, Sholinganallur Taluk, Sholinganallur.

3. Malathi

4. Egneshwaran ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to dispose of the petitioner's representation dated 01.11.2021 in the light of the Section 12 of Tamil Nadu Patta Pass book act, 1983.

For Petitioner : Mr.A.Ansar For Respondents : Mr.T.Chezhiyan Additional Government Pleader

ORDER

This writ petition has been filed seeking for issuance of a writ of Mandamus directing the 1st respondent to dispose of the petitioner's representation dated 01.11.2021 in the light of the Section 12 of Tamil Nadu Patta Passbook Act, 1983.

2. The case of the petitioner is that the petitioner is one of the legal heirs of late A.C.Sriram and late Yasodha Ammal leaving behind the legal heirs namely Egneshwaran, Kalaivani, Dhaneshwaran(Late), Kalaiselvi, Sasirekha and

Lokeshwaran. Thereafter, Dhaneshwaran i.e, brother of the petitioner, died leaving behind the legal heirs namely, Malathi, Keerthi Prasanth and Mohanalakshmi. When that being so, the said Malathi W/o. Dhaneshwaran and one of the brother of petitioner i.e., Egneshwaran, have applied for Patta stating that they were the only legal heirs of Late A.C.Sriram and Late Yasodha Ammal and obtained patta in their favour in Patta No.6055 bearing S.No.46/12B. While so, the petitioner made a representation dated 01.11.2021 to the 1st respondent to cancel the patta and issue joint patta in the name of all legal heirs. Since, the said representation has not acted upon, the petitioner has come up with the present Writ Petition with the aforesaid relief.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 01.11.2021 and pass orders on merits within a particular time frame fixed by this Court.

4. The learned Additional Government Pleader for respondents has no objection for said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 1st respondent to consider the petitioner's representation dated 01.11.2021 and pass appropriate orders on merits and in accordance with law, after affording opportunity of hearing to the petitioner and private respondents herein within a period of twelve weeks from the date of receipt of a copy of this order.

7. This writ petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rap/nhs

To

1. The Revenue Divisional Officer, South, Guindy, Near M.G.R. Medical University, Chennai - 600 032.

2. The Tahsildar, Sholinganallur Taluk, Sholinganallur.

+1cc to Mr.A.Ansar, Advocate, S.R.No.15621 +1cc to the Government Pleader, S.R.No.15892 W.P.No.5001 of 2022 PMK[co] NSK 31/03/2022