V.Balasubramani v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.02.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.3188 of 2019 V.Balasubramani .. Petitioner Vs.

1. The Revenue Divisional Officer, Tambaram, Kanchipuram District.

2. The Settlement Tahsildhar, Tambaram, Kanchipuram District.

3.J.K.Dharmasagayam .. Respondents PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to dispose of the petitioner's appeal dated 01.11.2018 and to take appropriate action for cancellation of patta issued in favour of the third respondent in respect of Grama Natham, 159, Nemilichery, Survey No.173 to 180 measuring an extent of 2010 sq.ft. of Chennai, Chrompet, Nemilicherry, Bharathipuram, Shankar Street, Door No.9 based on the connected village accounts and documents of landed properties.

For Petitioner : Mr.Jaisangar For RR1 & 2 : Mr.S.Suresh Kumar Government Advocate

O R D E R

By consent of both parties, this Writ petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition is filed by the petitioner seeking a direction to the first respondent to dispose of his appeal dated 01.11.2018 and to take appropriate action for cancellation of patta issued in favour of the third respondent in respect of property situated at Door No.9, Shankar Street, Bharathipuram, Chrompet, Chennai 159, Nemilichery, Grama Natham, Survey Nos.173 to 180 measuring an extent of 2010 sq.ft. based on the connected village accounts and documents of landed properties. https://hcservices.ecourts.gov.in/hcservices/

3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 01.11.2018 to the first respondent to cancel the patta issued by the second respondent in favour of the third respondent in respect of the property situated at Door No.9, Shankar Street, Bharathipuram, Chrompet, Chennai 159, Nemilichery, Grama Natham, Survey Nos.173 to 180 measuring an extent of 2010 sq.ft., but, the same is yet to be disposed of by the first respondent. Hence, the petitioner is before this Court.

4. Heard Mr.Jaisangar, learned counsel appearing for the petitioner and Mr.S.Suresh Kumar, learned Government Advocate appearing for the respondents 1 and 2.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the first respondent to consider the petitioner's representation dated 01.11.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner, third respondent herein as well as any of the interested parties and also affording them an opportunity of personal hearing, within a period of six 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.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rsi To

1. The Revenue Divisional Officer, Tambaram, Kanchipuram District.

2. The Settlement Tahsildhar, Tambaram, Kanchipuram District.

+1cc to Mr.Jaishankar, Advocate, S.R.No. 8920 +1cc to the Government Pleader, S.R.No. 9726, 9735 W.P.No.3188 of 2019 SSI(CO) GN(28/02/2019) https://hcservices.ecourts.gov.in/hcservices/