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Madras High CourtWP/17203/2025disposed of

P.S.Selvakumar v. The Revenue Divisional Officer

2025-06-04Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.S.Selvakumar ... Petitioner Vs.

1. The Revenue Divisional Officer, Thiruvallur.

2. The Tahsildar, Poonamalle, Chennai.

3. P.Arthur

4. A.Elizhabethrani ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the first respondent to the representation of the petitioner dated 05.08.2024 within a time frame stipulated by this Court.

For Petitioner :

Mr.M.Jaisingh

For Respondents :

Mr.A.Selvendran Special Govt. Pleader for R1 & R2

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to consider the representation made by the petitioner on 05.08.2024 wherein the petitioner has sought for cancellation of patta that stands in the name of the respondents 3 & 4 and for issuance of patta in the name of the petitioner.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed, notice to the respondents 3 & 4 is dispensed with.

3. The main grievance expressed by the petitioner is that the property was originally owned by the petitioner's father and on his demise, the property was orally partitioned among the legal heirs and the petitioner became the absolute owner of the subject property. Further case of the

petitioner is that, subsequently, the respondents 3 & 4 created false and fabricated documents in their name pertaining to the subject property. In view of the same, the petitioner made a representation to the first respondent on 05.08.2024 seeking for cancellation of patta and for issuance of patta in the name of the petitioner. Since the same was not considered, the present writ petition has been filed before this Court.

4. At the outset, it was submitted by learned Special Government Pleader for respondents 1 & 2 that the representation dated 05.08.2024 made by petitioner would be considered and appropriate orders would be passed within a time frame fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the first respondent, to consider the representation dated 05.08.2024 on its own merits and pass appropriate

orders in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after affording reasonable opportunity of hearing to the petitioner, respondents 3 & 4 and any other interested persons/stake holders and also putting the respondents 3 & 4 and any other interested persons/stake holders on notice . It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the first respondent to consider the representation on its own merits and in accordance with law.

6. Accordingly, the Writ Petition stands disposed of. No costs. 04.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Revenue Divisional Officer, Thiruvallur.

2. The Tahsildar, Poonamalle, Chennai.

MOHAMMED SHAFFIQ, J.

vji 04.06.2025