← Library
Madras High CourtWP/14004/2016disposed of

R.Ponnan Alias Ponnusamy, v. The State Rep By

2016-04-15Honourable Mr Justice R.Subbiah3 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.04.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.14004 of 2016 1.R.Ponnan alias Ponnusamy 2.E.Sumathi ... Petitioners vs.

The State, rep. by 1.The Village Administrative Officer, Pukulam Village, Kallakurichi Taluk, Villupuram District.

2.The Land Surveyor, Thiyagathuruvam, Kallakurichi Taluk, Villupuram District.

3.The Tahsildar, Kallakurichi Taluk Office, Kallakurichi, Villupuram District.

4.M.Sengan ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the third respondent to dispose of the petitioner representation dated 14.12.2015 to the third respondent to cancel the patta No.258 and 441 issued in favour of Mr.Sengan. For Petitioners : Mr.K.Jayakumar For Respondents : Mr.V.Jayaprakash Narayanan, Spl. Govt. Pleader, for R.1 to R.3

ORDER

The petitioners have come up with the present writ petition for a mandamus, directing the third respondent to

dispose of their representation dated 14.12.2015, seeking to cancel the patta Nos.258 and 441 issued in favour of the fourth respondent.

2. It is the case of the petitioners that their great grand father Suruttaiya Mooper bequeathed his entire properties comprised in Survey Nos.119/3, 120 and its sub division Nos.123, 126, 127, 129, 134 and 135, situated at Vilakkur Village to his daughters Chinna Pillai, Karuppayee and Viruthambal, vide settlement deed dated 24.9.1933 which was registered as document No.1283/1933. After the death of the said Suruttaiya Mooper, his daughters Chinna Pillai, Karuppayee and Viruthambal became the absolute owners of the said property. Thereafter, the said Chinna Pillai, Karuppayee and Viruthambal executed a settlement deed dated 14.9.1965 in favour of one Ramasamy and Subramanian vide settlement deed registered as document No.2119/1965.

After the death of the said Ramasamy and Subramanian, the petitioners who are their legal heirs, acquired the said property and are enjoying the same without any hindrance. While so, the fourth respondent, without possessing the required title deeds, encroached the petitioners' property and obtained patta in his favour. Hence, the petitioners made a representation dated 14.12.2015 to the respondents to take legal action against the fourth respondent and to cancel the patta standing in his name. But, so far, no action was taken by the respondents on their representation. Hence, left with no other alternative, the petitioners have come up with the present writ petition for the relief set out earlier.

3. I have heard the learned counsel appearing for the petitioners and the learned Special Government Pleader, who has taken notice on behalf of the respondents 1 to 3.

4. Considering the facts and circumstances of the case and considering the submissions made on either side, this Court directs the petitioners to give a fresh representation to the Revenue Divisional Officer, Kallakurichi, Villupuram District, along with a copy of this order, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the Revenue Divisional Officer, Kallakurichi, Villupuram District, is directed to consider the same and pass appropriate orders / take necessary action, on merits and in accordance with law, by affording an opportunity of personal hearing to the petitioners and the fourth respondent as well as to the necessary parties, if any, within a period of twelve weeks thereafter. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim projected by the petitioners and it is for the Revenue Divisional Officer, Kallakurichi, Villupuram District, to

consider the claim of the petitioners strictly on merits and in accordance with law.

The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sbi To 1.The Village Administrative Officer, Pukulam Village, Kallakurichi Taluk, Villupuram District.

2.The Land Surveyor, Thiyagathuruvam, Kallakurichi Taluk, Villupuram District.

3.The Tahsildar, Kallakurichi Taluk Office, Kallakurichi, Villupuram District.

4.The Revenue Divisional Officer, Kallakurichi, Villupuram District.

+1 cc to M/s.K.Jayakumar, Advocate, sr.23553 +1 cc to The Government Pleader, sr.23838 W.P.No.14004 of 2016 gjII co kra 26.04.2016