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Madras High CourtWP/7696/2025disposed of

M.Sekar Babu v. State Rep By

2025-03-07Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH W.P No. 7696 of 2025

1. M.Sekar Babu Son Of Mr.Rajagopal Chetty, Ma.Po.C, Salai, Tiruttani Village And Taluk, Tiruvallur District.

... Petitioner(s) Vs

1. State Rep By The District Collector, Office Of The Collectorate, Tiruvallur District 602001.

2.The District Revenue Officer Office Of The Collectorate, Tiruvallur District 602001.

3.The Revenue Divisional Officer Tiruttani Revenue Divisional Office, Tiruvallur District 602001.

4.The Tahsildar Pallipattu Taluk Office, Tiruvallur District 631207.

5.Mr.K.V.Salapathy Son Of Mr.Late Padi Ramakrishna Chetty, No.29 Bazzar Street, Pallipattu, Tiruvallur District 631207.

... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to consider the petitioners representation dated 11.09.2024.

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For Petitioner :

Mr.M.K.Bhoopathy Rajan For Respondents :

Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 to R4

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus directing the second respondent to consider the representation made by the petitioner on 11.09.2024, wherein the petitioner is seeking for cancellation of the patta that stands in the name of the 5th respondent since such change was effected during the UDR Scheme.

2. Heard Mr.M.K.Bhoopathy Rajan, learned counsel for the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader for the respondents 1 to 4.

3. Learned Special Government Pleader on instructions submitted that there is a pending Second Appeal in S.A.No.463 of 2003 touching upon the subject property, in which the 5th respondent is the appellant. He further submitted that the 5th respondent earlier filed a writ petition in W.P.No.4948 of 2017 challenging the notice issued by the District Revenue Officer calling upon him to participate in the enquiry. At that point of time, this Court took into consideration the fact that the Second Appeal is pending. The 5th respondent also gave an undertaking before the Court that he will appear during the enquiry and provide the details to the second respondent about the pendency of the Second Appeal and he also 2/4

undertook not to further alienate the subject property. Recording the same, the writ petition was disposed of by an order dated 28.02.2017.

4. Learned counsel for the petitioner submitted that the petitioner has nothing to do with the Second Appeal that is pending before this Court and that the petitioner is not even a party to the Second Appeal.

5. In the considered view of this Court, it is not necessary for this Court to go into the above issue and it will suffice if a direction is issued to the second respondent to convey the decision to the petitioner based on the representation made by the petitioner on 11.09.2024 within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of in the above terms. No costs.

07-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes KST To 1.The District Collector, Office Of The Collectorate, Tiruvallur District 602001.

2.The District Revenue Officer Office Of The Collectorate, Tiruvallur District 602001.

3.The Revenue Divisional Officer Tiruttani Revenue Divisional Office, Tiruvallur District 602001.

4.The Tahsildar Pallipattu Taluk Office, Tiruvallur District 631207 3/4

N.ANAND VENKATESH, J.

KST W.P.No.7696 of 2025 07.03.2025 4/4