R.Selvaraj, S/O.Rathinavel, v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2017

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.NO.15631 OF 2017 R.Selvaraj,rep.by Power of Attorney R.Arumugam ..

Petitioner Vs.

1. The Tahsildar Velachery Taluk Office No.113, V.V.Koil Street, Institute of Road Transport Training Centre Complex, Tharamani 100 feet Road, Chennai-600 113.

2. G.Pachaiyappan

3. Pachaiyammal

4. Mohanammal

5. N.Kanniappan .. Respondents PRAYER: Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus forbearing the 1st respondent from issuing Patta in favour of the 2nd to 4th respondent in respect of the property measuring to an extent of 11600 Sq.ft bearing Plot Nos.311 & 313 comprised in Old Survey No.699 as per Patta T.S.No.109, Block No.171, situated at No.137, Velachery Village, Ram Nagar North Extension, Vijaya Nagar, 6th Main Road, Velachery Taluk, Chennai District. For Petitioner ..

Mr.M.Jaikumar For Respondent-1 ..

Mr.A.N.Thambidurai Special Government Pleader

O R D E R

Mr.A.N.Thambidurai, learned Special Government Pleader takes notice on behalf of the first respondent. By consent, the writ petition is taken up for final disposal.

2. The petitioner has come up with the present writ petition seeking to forbear the first respondent from issuing Patta in favour of the respondent nos.2 to 4, in respect of the property measuring to an extent of 11600 Sq.ft, bearing Plot Nos.311 and 313, comprised in old Survey No.699, as per Patta T.S.No.109, Block No.171, situated at No.137, Velachery Village, Ram Nagar North Extension, Vijaya Nagar, 6th Main Road, Velachery Taluk, Chennai District.

3. The petitioner has made a representation dated 14.06.2017 to the first respondent, over the issuance of patta in respect of Plot Nos.311 and 313 comprised in old Survey No.699 as per Patta T.S.No.109, Block No.171, situated at No.137, Velachery Village, Ram Nagar North Extension, Vijaya Nagar, 6th main Road, Velachery Taluk, Chennai District, having purchased the same by way of a registered sale deed dated 12.06.1979. It is the submission of the learned counsel for the petitioner that some strangers to the property are trying to set up title by fabricating documents. In such circumstances, the petitioner has come up with the present writ petition with the above said prayer.

4. However, when the matter was taken up for hearing, learned counsel for the petitioner would restrict his prayer that it would suffice to issue a direction to the first respondent to consider and dispose of his representation dated 14.06.2017, by considering the factual objections raised by him.

5. In view of the limited prayer sought for, the first respondent is directed to conduct an enquiry into the matter, after giving notice to the petitioner and respondent nos.2 to 5 and pass orders on his representation, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mm/tk

To The Tahsildar Velacherry Taluk Office No.113, V.V.Koil Street, Institute of Road Transport, Training Centre Complex, Tharamani 100 feet Road, Chennai - 600 113.

+1cc to Mr.M.Jaikumar, Advocate, S.R.No.43900 +1cc to the Government Pleader, S.R.No.43979 W.P.NO.15631 OF 2017 VSN(CO) CS/06/07/17