P.Saravanan, v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.21740 of 2018 and W.M.P.No.25501 of 2018 P.Saravanan .. Petitioner Vs 1.The Tahsildar, Sriperumpudur Taluk, Kanchipuram District.

2.The Sub-Registrar, Sriperumpudur Sub-Registrar Office, Kanchipuram District.

3.Mr.Sri Swamy Lakshmanacharyalu ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the first respondent to consider and pass orders on the representation of the petitioner dated 07.03.2018, within a reasonable time. For Petitioner : Mr.S.Sivakumar For Respondents: Mr.V.Shanmuga Sundar Special Government Pleader for R1 Mr.M.Thamizharasan for R2

O R D E R

Mr.V.Shanmuga Sundar, learned Special Government Pleader takes notice for the first respondents. Mr.M.Thamizharasan, learned counsel takes notice for the second respondent. By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with the present writ petition, for a mandamus, directing the first respondent to cancel the patta issued in favour of the third respondent, based on the representation dated 07.03.2018.

3. It is the case of the petitioner that his mother Alamelu had purchased the property in Survey No.526/1, measuring to an extent of 1.03 acres in the year 1975. After her demise, the petitioner and other legal heirs have been in possession and enjoyment of the said property. While so, patta has been issued in favour of the third respondent for the aforesaid property, who, according to the petitioner, is in no way connected with the same and tried to encumber the property. Hence, the petitioner's father made a representation dated 07.03.2018 to the first respondent to cancel the patta issued in favour of the third respondent. Finding no response on the said representation, the petitioner is before this Court.

4. The learned Special Government Pleader appearing for the first respondent fairly submitted that the respondents may be directed to consider the representation dated 07.03.2018 on merits and in accordance with law, within a time frame to be fixed by this Court.

5. In the light of the limited scope of the matter and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the first respondent to dispose of the representation dated 07.03.2018, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as all the necessary parties, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar

ms To 1.The Tahsildar, Sriperumpudur Taluk, Kanchipuram District.

2.The Sub-Registrar, Sriperumpudur Sub-Registrar Office, Kanchipuram District.

+1cc to the Government Pleader Sr.59323, 58812 +1cc to Mr.S.Sivakumar, Advocate Sr.58612 W.P.No.21740 of 2018 and W.M.P.No.25501 of 2018 pvs[co] srg 14/09/2018