C.Vasudevan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.5861 OF 2022 C.Vasudevan ... Petitioner Vs.

1. The Tahsildar, Mylapore, Chennai - 600 028.

2. Muruganandham

3. Deepak Jesudoss ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbear the respondent from granting Patta to the purchaser/Mr.Deepak Jesudoss for Plot No.1-C, in R.S.No.4258/3, Block No.92, extent 1211.25 sq.ft of land No.39/11, Kamarajar Salai, R.A.Puram, Chennai - 28, in favour of Deepak Jesudoss.

For petitioner :

Mr.G.Appavu For Respondents :

Mr.M.Murali Government Advocate

ORDER

The petitioner has filed this petition, to forbear the respondent from granting Patta to the purchaser/Mr.Deepak Jesudoss for Plot No.1-C, in R.S.No.4258/3, Block No.92, extent 1211.25 sq.ft of land in No.39/11, Kamarajar Salai, R.A.Puram, Chennai - 28, in favour of Deepak Jesudoss.

2. Mr.M.Murali, learned Government Advocate takes notice for the respondents. In view of the limited relief sought

for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. Since, no adverse order is being passed against the second and third respondents, notice to the second and third respondents is dispensed with.

4. The case of the petitioner is that the disputed property in R.S.No.4258/3, Block No.92, measuring an extent of 1211.25 sq.ft of land in No.39/11, situated at Kamarajar Salai, R.A.Puram, Chennai - 28, originally belongs to Iyyamperumal. The said Iyyamperumal, purchased the property from Official Trustee of Tamil Nadu under registered Sale Deed, dated 15.10.1963. Thereafter, the said Iyyamperumal Nadar and Thangalakshmi had adopted the second respondent by way of Adoption Deed dated 01.08.2004. Thereafter, the second respondent attempted to grab the property, the said Iyyamperumal Nadar made objection to the Corporation. The said Iyyamperumal had bequeathed the property by way of Will to his son Abinash, appointing him as executor of Will.

Thereafter, the said Iyyamperumal Nadar had cancelled the Adoption Deed, thereby the second respondent had formed enmity with the Abinash. While so, the second respondent had given Power of Attorney to Sabarinathan who had sold the property to the third respondent. Thereafter, the purchaser had attempted to transfer ownership. However, the Corporation refused to transfer the ownership. Thereafter, the purchaser again attempted to get Patta fraudulently without any right over the said property. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

5. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the first respondent for not granting Patta in favour of the third respondent.

6. The learned Government Advocate appearing for the respondents submits that the petitioner did not made any representation to the first respondent for not granting Patta in favour of the third respondent.

7. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, permits the petitioner, to file a representation before the first respondent. On filing of such representation, the first respondent is directed to hear the second and third respondents and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the second and third respondents.

8. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar tri/nhs To The Tahsildar, Mylapore, Chennai - 600 028.

+1cc to M/s.G.Appavu, Advocate, S.R.No.17326 +1cc to the Government Pleader, S.R.No.18152 W.P.No.5861 of 2022 PMK(CO) RLP(06/04/2022)