Madras High CourtWP/2327/2015disposed of

G.Tamilvanan, v. The District Collector

2015-02-02Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.2327 of 2015 G.Tamilvanan ..

Petitioner v.

1 The District Collector 2 The District Revenue Officer 3 The Revenue Divisional Officer 4 The Tahsildar Sriperumbudur Taluk, 5 The Commissioner Revenue Administration Revenue Department Chepauk, Chennai-600 005.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the respondents to consider the petitioner representation dated 26.12.2014, in so far as in the said representation, the petitioner had sought for Cancellation of Patta of his Ancestral Property, which has been transferred illegally by creating false forged and fabricated documents and as the possession of the property is still in their continuous possession and enjoyment.

For Petitioner : Mr.S.Baskaran For Respondents : Mr.R.Vijaya Kumar, Govt. Advocate

ORDER

The petitioner has filed the above writ petition to direct the respondents to consider his representation dated 26.12.2014, wherein, he had sought for cancellation of patta of his ancestral

property, which has been transferred illegally by creating false forged and fabricated documents.

2. It is the case of the petitioner that he is in possession of the property and in spite of the fact that the patta was transferred in the name of some third party illegally by creating false forged and fabricated documents. In these circumstances, the petitioner gave a representation dated 26.12.2014 to the respondents. However, according to the petitioner, the respondents have not considered the representation yet.

3. Mr.R.Vijayakumar, learned Government Advocate takes notice for the respondents and submitted that the third respondent may be directed to dispose of the representation dated 26.12.2014 filed by the petitioner within the stipulated time.

4. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the third respondent to consider the representation dated 26.12.2014 given by the petitioner and pass suitable orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that third respondent shall issue notice to the other party in whose name patta has been made before deciding the representation dated 26.12.2014. With these observations, the writ petition is disposed of. However, there shall be no order as to costs. Rj -s/d- Assistant Registrar( ) Dt:6/2/2015 True Copy Sub-Assistant Registrar To 1 The District Collector 2 The District Revenue Officer 3 The Revenue Divisional Officer

4 The Tahsildar Sriperumbudur Taluk, 5 The Commissioner Revenue Administration Revenue Department Chepauk, Chennai-600 005.

+ 1 cc to Mr.S.Baskaran, Advocate SR 5147 + 1 cc to Govt. Pleder, High Court, Madras SR 5393 bvr(co) prk11/2 W.P.No.2327 of 2015