Harshad Talakshi Bheddah v. The Tahsiladar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25-04-2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM And MP Nos.1 and 2 of 2012 and 1 to 3 of 2013 Harshad Talakshi Bheddah Represented by his General Power of Attorney Sharad Vasanji Vijpal, No.4, Taylors Road, Kilpauk, Chennai-600 001.

... Petitioner Vs.

1.The Tahsildar, Chengelpet Taluk, Chengelpet.

2.Village Administrative officer, Padur, Chengelpet Taluk, Chengelpet.

3.C.A.Khabeer

4.K.Anitha [R-3 and R-4 impleaded vide order of Court dated 21.09.2012 made in MP No.3 of 2012 in WP 22256 of 2012] ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records in the impugned Computer Patta Nos.2267 and 2268 dated 18.07.2012 issued by the first respondent for the properties of the petitioner comprised S.F.Nos.76/1 and 76/2, 76/3, 92/2 and 92/3 No.43 Padur Village, Chengelpet Taluk in Sale Deed dated 22.09.1994 registered as Document No.2406 of 1994 and Sale Deed dated 01.02.1995 registered as Document No.242 of 1995 and quash the same and consequentially direct the first respondent to consider the application of the petitioner dated 09.07.2012 for transfer of patta for the lands compromised S.F.Nos.

76/1 and 76/2, 76/3, 92/ 1, 92/2 and 92/3, No.43 Padur Village, Chengelpet Taluk in Sale Deed dated 22.09.1994 registered as Document No.2406 of 1994 and Sale Deed dated 01.02.1995 registered as Document No.242 of 1995 after affording opportunity of hearing to the petitioner and also if any persons concerned with the lands in accordance with law.

For Petitioner : Mr.N.S.Nandakumar For Respondents-1 and 2 : Mr.S.Ravichandran, Additional Government Pleader.

O R D E R

The learned Additional Government Pleader, appearing on behalf of the respondents 1 and 2, brought to the notice of this Court that the subject property mentioned in the writ petition has already been gifted to the fourth respondent by the petitioner.

2. In view of the fact that the property has already been gifted, the petitioner cannot seek resumption of the land or otherwise. If at all the appeal filed by the parties is pending before the District Revenue Officer, the petitioner is at liberty to pursue the same. Still any fraudulent registration or otherwise has been done, then the parties have to approach the Competent Civil Court of Law for the purpose of redressal of their grievances.

3. With the abovesaid observations, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. 25-04-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To 1.The Tahsildar, Chengelpet Taluk, Chengelpet.

2.Village Administrative officer, Padur, Chengelpet Taluk, Chengelpet.

S.M.SUBRAMANIAM, J.

Svn WP 22256 of 2012 25-04-2023