Setty Venkata Siddartha v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.4981 OF 2022 AND W.M.P.NO.5106 OF 2022
1. Setty Venkata Siddartha,
2. Setty Sujatha
3. Abdul Hakh
4. D.Rajesh
5. K.Srinivasan
6. S.Jaffar Hussain
...Petitioners
vs.
1. The District Collector, Tiruvallur District, Tiruvallur.
2. The District Revenue Officer, Tiruvallur District, Tiruvallur.
3. The Revenue Divisional Officer, Ponneri Taluk, Tiruvallur District.
4. The Tahsildar, Ponneri Taluk, Tiruvallur District.
5. G.Vasanthakumar
6. Sambalatha ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd respondent to remove the name of the 5th and 6th respondents in Patta Nos.11521, 11520, 10407, 11680, 11624, 2569, 10850 and 10137 issued in respect of the properties comprised in S.No.122/1 to an extent of 56 cents, S.No.123/1 to an extent of 24 cents, S.No.122/2 to an extent of 1 Acre 34 cents, S.No.123/2 to an extent of 84 cents, S.No.120/1 to an extent of 89 cents, S.No.120/2 to an extent of 26 cents, S.No.146/1 to an extent of
19 cents, S.No.147/3 to an extent of 27 cents, S.No.93/1 to an extent of 1 Acre 79 cents, S.No.92/3 to an extent of 1 Acre 66 cents, S.No.59/1 to an extent of 1 Acre 45 cents and S.No.90/3B to an extent of 89 cents in total measuring to an extent of 10 Acres 38 cents situated at Vilaangadupakkam Village, Ponneri Taluk, Tiruvallur District by considering the petitioners representation dated 13.01.2022.
For Petitioners : Mr.T.N.Rangesh Kanna For Respondents : Mr.A.Anandan Government Advocate
ORDER
This writ petition has been filed seeking for issuance of a writ of Mandamus directing the 3rd respondent to remove the name of the 5th and 6th respondents in Patta Nos.11521, 11520, 10407, 11680, 11624, 2569, 10850 and 10137 situated at Vilaangadupakkam Village, Ponneri Taluk, Tiruvallur District by considering the petitioners representation dated 13.01.2022.
2. Since no adverse order is being passed against the private respondents, notice to the private respondents in dispensed with.
3. The case of the petitioners is that the petitioners properties admeasuring of an extent of 10 Acres 38 cents situated at the above said village was purchased by the petitioners from various vendors by way of sale deeds registered on the file of Sub Registrar Office, Redhills. Thereafter, the revenue records of the said properties were mutated and the patta in above said patta numbers were issued by the 4th respondent in favour of the petitioners. When this being so, the names of the 5th and 6th respondents had been wrongly mutated and patta was also issued by way of fraudulent documents in favour of them with the aid of 4th respondent on 23.12.2021. While so, the petitioners sent representations to the official respondents for removal of the names of 5th and 6th respondents in the above said Patta numbers dated 29.12.2021 and 13.01.2022. However, till date no order was passed by the official respondents. Hence, the petitioners have come up with the present writ petition seeking the aforesaid relief.
4. Though very many grounds have been raised, learned counsel for the petitioners submits that it would suffice if this Court issues direction to the 3rd respondent to consider the petitioners representation dated 13.01.2022 and pass orders on merits within a particular time frame fixed by this Court.
5. The learned Government Advocate for respondents has no objection for said order being passed.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 3rd respondent to consider the petitioners representation dated 13.01.2022 and pass appropriate orders on merits and in accordance with law, after affording opportunity to the petitioners as well as the private respondents, within a period of twelve weeks from the date of receipt of a copy of this order.
7. This writ petition is accordingly disposed of. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rap/nhs To
1. The District Collector, Tiruvallur District, Tiruvallur.
2. The District Revenue Officer, Tiruvallur District, Tiruvallur.
3. The Revenue Divisional Officer, Ponneri Taluk, Tiruvallur District.
4. The Tahsildar, Ponneri Taluk, Tiruvallur District.
+2ccs to Mr.T.N.Rangesh Kanna, Advocate, S.R.No.15278,15591 W.P.No.4981 of 2022 AJB(CO) PM/23/03/2022