H.Ghayazullah v. The Commissioner Of Revenue Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No. 16462 of 2025 H. Ghayazullah
...Petitioner
Vs.
1. The Commissioner of Revenue Ezhilagam, Chepauk, Chennai 600 005.
2. The Commissioner of Land Ezhilagam Building, Chepauk, Chennai 600 005.
3. The District Collector, Chengalpet District, Chengalpet 603 002.
4. The District Revenue Officer, Chengalpattu District, VOC Nagar, Chengalpattu - 603 001.
5. The Tahsildar, Pallavaram Taluk, Chennai 600 044.
6. R.Arulnathan
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus to direct the 4th respondent to consider the representation of the petitioner dated 19.11.2024 based on the 2nd respondent letter dated 06.01.2025.
For Petitioner : Mr.S.Yogalakshmi For Respondents : Mr.P.Sathish Additional Government Pleader for R1 to R5
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent No.6 is dispense with.
2. The present writ petition is filed praying for a writ of mandamus Mandamus to direct the 4th respondent to dispose of petitioner's representation dated 19.11.2024, wherein the complaint was lodged with the Commissioner of Revenue Administration seeking action against the former Tahsidhar of Alandhur Taluk Office for committing acts of fraud and forgery and to restore patta in the name of the petitioner.
3. It is submitted by the learned counsel for the petitioner that property in 2/6
S.No.1825, 1826 and 1827, totally measuring an extent of 21,836 sq.ft of land bearing Door No.5/64, Magazine Road, St.Thomas Mount, Chennai, was originally owned by petitioner forefather. However, inadvertently the patta has been entered in the name of Butt Road Jumma Masjid. Hence, the petitioner has submitted a representation dated 19.11.2024 before the respondents seeking rectification of the above error and issue patta in the name of the petitioner and to take action against the former Tahsidhar of Alandhur Taluk Office for committing acts of fraud and forgery. The said representation was forwarded by the second respondent to the fourth respondent vide proceedings dated 06.01.2025. However, the said representation has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.
4. At the outset, the learned Additional Government Pleader for respondent Nos.1 to 5 referring to a letter dated 06.01.2025, kept in the typed set of papers stated that enquiry is under progress and they would complete the same, after hearing the petitioner, sixth respondent and any other interested parties/rival claimants, within the 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 3/6
direction to the official respondents, to consider the representation dated 19.11.2024 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, sixth respondent and any other interested persons/rival claimants, and also putting the respondent No.6 and any other interested persons/rival claimants on notice, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.
6. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.
02.06.2025 Speaking (or) Non Speaking Order mrn To
1. The Commissioner of Revenue Ezhilagam, Chepauk, 4/6
Chennai 600 005.
2. The Commissioner of Land Ezhilagam Building, Chepauk, Chennai 600 005.
3. The District Collector, Chengalpet District, Chengalpet 603 002.
4. The District Revenue Officer, Chengalpattu District, VOC Nagar, Chengalpattu - 603 001.
5. The Tahsildar, Pallavaram Taluk, Chennai 600 044.
MOHAMMED SHAFFIQ, J.
mrn 5/6
W.P.No. 16462 of 2025 02.06.2025 6/6