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Madras High CourtWP/22332/2012disposed of

M.Arjunan, v. The District Registrar,

2022-04-01Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.04.2022 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.22332 OF 2012 M.Arjunan ... Petitioner Vs.

1. The District Registrar, Office of the District Registrar, Chengalpattu Registering District, Chengalpattu, Kancheepuram District.

2. G.Kannabiran

3. Kamala

4. Jai Ganesan

5. Kirubaran

6. Gowrikrishnan

7. Sasirekha (R2 to R7 impleaded as per order dt.21.08.2012, in MP.1/2012 in WP.No.22332/12) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to take action on the petitioner's representation dated 02.08.2012, within the prescribed time. For Petitioner :

Mr.T.Arockia Dass For R1 :

Mr.Yogesh Kannadasan Special Government Pleader For R2 to R5 :

M/s.J.Ravi Shankar For R6 & R7 :

Mr.N.Nagusah

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the respondents to take action on the petitioner's representation dated 02.08.2012, within the prescribed time.

2. The learned Special Government Pleader takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.

3. Since no adverse order is being passed as against the private respondents, notice to the private respondents is dispensed with.

4. The case of the petitioner is that the petitioner is the owner of the property in Survey No.86/1B, to an extent of 3.89 Acres, situated at No.119, Vellore Village, Cheyyur Taluk, Chengalpattu, by virtue of a settlement deed effected by the petitioner's father namely Muthu@ Muthupillai vide Doc.No.573/2001, dated 03.05.2001, on the file of SRO, Cheyyur. The said property was derived from one Vasantha Bai represented by her guardian Kannammal to Govindapillai vide Dpoc.No.496/1960, dated 07.03.1960, on the file of Cheyyur SRO. The said Govindapillai who inturn sold out his property to one Thangavelupillai who is none other than the petitioner's grand father vide Doc.No.1382/1972 dated 17.09.1972.

As the petitioner's father namely Muthu @ Muthupillai is the only legal heir of the said Thangavelupillai, he enjoyed the property to an extent of 7.78 Acres. As aforesaid, 3.89 Acres of the property was settled in the name of the petitioner on 03.05.2001 and new Survey number 86/1B was assigned. Thereafter, the petitioner is in peaceful enjoyment and possession of the property. Further, Patta was issued by the Tahsildar, Cheyyur in patta No.785 and all the Revenue Records were muted in his name. While so, one G.Kannabiran who is working as Village Administrative Officer, Kamala, Jai Ganesan and Kirubaran who are no way connected with the said property has created a forged Sale Deed in favour of one Gowrikrishnan and Sasirekha vide its Doc.No.4030/2011, dated 07.10.2021. Aggrieved with the same, the petitioner made a representation on 02.

08.2012, to the respondents. However, till date no orders have been passed. Hence, this Writ Petition is flied with the aforesaid prayer.

5. The learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues direction to the 1st respondent to consider the petitioner's representation dated 02.08.2012 and pass appropriate orders within a time frame that may be fixed by this Court.

6. The Special Government Pleader appearing on behalf of the official respondent submitted that the petitioner's representation dated 02.08.2012 will be considered by the respondent within a reasonable time that may be fixed by this Court.

7. This Court, without going into the merits of the case, directs the 1st respondent consider the petitioner's representation dated 02.08.2012 in accordance with law, and pass appropriate orders, after providing an opportunity of hearing to the petitioner, to the private respondents and to the aggrieved parties if any, within a period of twelve weeks thereafter.

8. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Psa To The District Registrar, Office of the District Registrar, Chengalpattu Registering District, Chengalpattu, Kancheepuram District.

+1cc to M/s.T.Arockia Dass, Advocate, S.R.No.22483 +1cc to M/s.N.Nagu Sah, Advocate, S.R.No.22534 W.P.No.22332 of 2012 PMK(CO) RLP(06/05/2022)