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Madras High CourtWP/21835/2015disposed of

P.Kalyana Sundaram v. The 1424 Pasali Revenue

2015-07-22Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 22.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.21835 of 2015 P.Kalyana Sundaram

...Petitioner

Versus

1 The 1424 Pasali Revenue Tribunal Rep by its District Revenue Officer Thiruvallur Collector office Thiruvallur District.

2 The Thasildar Ambattur Taluk Office Ambattur Chennai - 600 053.

3 The Revenue Divisional Officer Ambattur Chennai - 600 053.

4 Kokila

...Respondents

Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 3rd respondent to consider the representation dated 21.05.2015 for cancelling a patta in the name of Kokila w / o. venkatesan and restore an old patta holder petitioner grandfather name. For Petitioner : Mr.K.Yuvaraj For Respondents : Mrs.P.Rajalakshmi (for R1 to R3) Government Advocate

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner would claim that the property ad measuring to an extent of 0.21.0 Ares or 0.52 cents in Survey No.114/2B, Poothur Village, Ambattur Taluk, Thiruvallur District, originally, belongs to his grandfather late Murugappa Reddi and after his demise, his legal heirs, (1) Ponnuswami / father of the petitioner, (2) Rani, (3) Kanniyappan, (4) Ramdoss and (5) Vimala,

had succeeded to the estate and they continued to do the agricultural operations.

3. The petitioner would further state that his father viz. Ponnuswami died on 01.04.2010 and his legal heirs are doing agricultural operations. It is the specific case of the petitioner that one V.Mari S/o. Venkatesan, who is the Panchayat President of Poothur Village, with the help of money and muscle power had created a forged gift deed bearing Document No.5326 of 2009, registered in the office of the Sub Registrar, Redhills on 17.06.2009 and transferred the same in favour of the 4th respondent Mrs.Kokila. The petitioner on coming to know of the same, repeatedly represented to the 2nd respondent, not to transfer patta in the name of the 4th respondent and it was also followed by a representation dated 21.05.2015 and since, he has not been favoured with any kind of response, came forward to file this writ petition.

4. Heard the submissions of the learned counsel appearing for the petitioner and Mrs.P.Rajalakshmi, learned Government Advocate, who accepts notice for respondents 1 to 3.

5. This Court, taking into consideration the limited scope of the prayer sought for by the petitioner and without going into the merits of the representation, directs the 3rd respondent to consider the petitioner's representation dated 21.05.2015, in accordance with law, after putting on notice the 4th respondent and pass orders, as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and inform the decision taken, to the petitioner as well as the 4th respondent.

6. The writ petition is disposed of, accordingly. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ars To 1 District Revenue Officer The 1424 Pasali Revenue Tribunal Thiruvallur Collector office Thiruvallur District.

2 The Thasildar Ambattur Taluk Office Ambattur Chennai - 600 053.

3 The Revenue Divisional Officer Ambattur Chennai - 600 053.

2 CCs to Mr.K.Yuvaraj, Advocate SR.No. 37319 1 CC to the Government Pleader, SR.No. 37420 W.P.No.21835 of 2015 SV (CO) PSI (03.08.2015)