T.Senthamil v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4059 of 2025 T.Senthamil ..Petitioner Vs.

1. The Revenue Divisional Officer, Revenue Divisional Office, South Chennai Division, Guindy, Chennai - 600 119

2. The Tahsildar, Sholinganallur Taluk Office, Sholinganallur, Chennai 600 119

3. C.Rangan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus Directing the 2nd respondent to conduct survey and enquiry and also direct the respondents to cancel the patta in favour of Rangan and restore the Filed Measurement Book (FMB) for the land situated in Chengalpattu District, Sholinganallur Taluk, Pallikaranai Village Gramanatham Survey No.253/5 measuring 840 square feet thereby passing orders of petitioner's representation dated 12.09.2022 within a time frame in pursuance to the direction of the 1st respondent issued the direction to the 2nd 1/5

respondent in O.Mu.No. A2/ 4146/ 2022 dated 29.11.2022. For Petitioner : Mr.V.Tamizh Selvan For Respondents : Mr.P.Sathish Additional Government Pleader for R1 and R2

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the 2nd respondent to conduct the survey and enquiry regarding the request made by the petitioner seeking for cancellation of patta granted in favour of the 3rd respondent.

2.

Heard Mr.V.Tamizh Selvan, learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader for respondents 1 and 2. 3.

The case of the petitioner is that he is the absolute owner of the subject property by virtue of a registered Sale deed dated 23.12.1991 that was executed in the name of the father of the petitioner. After the demise of his father, the petitioner is the absolute owner of the property. The petitioner was seeking for patta and steps were taken to issue patta in the name of the 3rd respondent with respect to the subject property. It is under these circumstances, 2/5

the petitioner made a representation to the 1st respondent on 12.09.2022 seeking for the cancellation of patta granted in favour of the 3rd respondent. The 1st respondent through a communication dated 29.11.2022 directed the 2nd respondent to conduct the enquiry and to submit a report. Thereafter, there was no progress. It is under these circumstances, the present writ petition has been filed before this Court.

4.

Taking into consideration the facts and circumstances of the case and the nature of grievance that has been expressed by the petitioner, there shall be a direction to the 1st respondent to deal with the application submitted on 12.09.2022 and conduct an enquiry after affording an opportunity to the 3rd respondent and final orders shall be passed on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5.

This writ petition is disposed of with the above directions. No costs.

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13.02.2025 Index : Yes/No Internet : Yes/No Speaking Order / Non Speaking Order rka To

1. The Revenue Divisional Officer, Revenue Divisional Office, South Chennai Division, Guindy, Chennai - 600 119

2. The Tahsildar, Sholinganallur Taluk Office, Sholinganallur, Chennai 600 119 N. ANAND VENKATESH, J.

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