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Madras High CourtWP/11593/2024disposed of

Thirumalai v. The Regional Divisional Officer

2024-04-26Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Thirumalai .. Petitioner

Versus

1. The Regional Divisional Officer, Tambaram Taluk, Tambaram, Chennai.

2. The Tahsildar, Taluk Office, Tambaram, Chennai - 45.

3. D.Devanbu .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 04.10.2023 and to cancel the patta in favour of Devanbu, Ebenezer and his family members in respect of Survey No.152/3B2 expeditiously within a stipulated period.

For Petitioner : Mr.Shaikh Mehrunnisa Kasim For R1 & R2 : Mr.A.Selvendran Special Government Pleader 1/4

ORDER

This writ petition is filed to direct the respondents to consider the petitioner's representation dated 04.10.2023 to cancel the patta in favour of Devanbu, Ebenezer and his family members in respect of Survey No.152/3B2 expeditiously within a stipulated period.

2. By consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that his father executed settlement deed dated 20.04.2011 registered as Document Nos.3755/2011 and 3759/2011 on the file of the SRO Selaiyur in favour of the petitioner. It is the grievance of the petitioner that the 3rd respondent and his family members obtained fake patta comprising in Survey No.152/3B2 using the Document Nos.2184/2004 and 4348/2006 on the file of the Tambaram Registration District, Kancheepuram District, South Chennai Registration District. Hence, the petitioner has given a representation dated 04.10.2023 to the second respondent regarding cancellation of patta in Survey No.152/3B2 (Sub Division No.65/1, 65/2, 65/3) in Block No.16, in Selaiyur Village & 148/5A and 265/1B along with entire documents. However, the same has not been considered by the second 2/4

respondent. Hence, the present Writ Petition.

4. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2 and perused the materials available on record.

5. Considering the limited relief sought for in this writ petition, the second respondent is directed to consider the representation of the petitioner dated 04.10.2023, conduct enquiry and pass appropriate orders on the petitioner's representation for cancellation of forged patta in Sub Division 65/1, 65/2 and 65/3, after giving notice to the neighbouring land owners, third respondent and any other interested persons, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 26.04.2024 gsa Index :Yes/No Internet :Yes/No : Yes/No 3/4

N. SATHISH KUMAR , J.

gsa To,

1. The Regional Divisional Officer, Tambaram Taluk, Tambaram, Chennai.

2. The Tahsildar, Taluk Office, Tambaram, Chennai - 45.

W.P.No.11593 of 2024 26.04.2024 4/4