K. Balasundaram v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.25983 of 2017 K.Balasundaram .... Petitioner Vs.

1. The Tahsildar, Pallavaram Taluk, Chennai - 600 016 Kancheepuram District.

2. The Sub-Registrar, Office of the Sub-Registrar, Pammal, Chennai - 600 075

3. Kapaleeswaran

4. Sundandradevi

5. Gowri

6. Vasanthavan

7. Malligeswari

8. Saravanan

9. Arasu

10. Selvi

11. Janakiraman

12. Sujatha

13. Suresh

14. Suganthi

15. Saraswathi

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent to consider the petitioner's representation dated 05.06.2016.

For Petitioner : Mr.J.Sudhakaran For Respondents : Mr.D.Suriyanarayanan, Additional Government Pleader for R1 and R2

O R D E R

The petitioner seeks for a mandamus directing the first respondent to consider his representation dated 05.06.2016, wherein and whereby, he sought for cancellation of patta issued in the name of the 5th respondent and issue the said patta in his name in respect of the subject matter property.

2. In support of such contention, the petitioner sought to rely upon certain decree granted by the Civil Court.

3. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the first respondent to consider and decide after hearing all the parties. Since this Writ petition is disposed of without affecting the interest of the other private respondents in any manner, their presence before this Court for the disposal of the writ petition is not required.

4. Learned Additional Government Pleader, based on instructions, submitted that already an enquiry is going on before the first respondent and therefore, it is for the petitioner to participate in the enquiry.

5. Considering the above stated facts and circumstances and without expressing any view on the merits of the claim made by the petitioner, this Writ Petition is disposed of by directing the first respondent to consider the said representation of the petitioner and pass orders on the same on merits and in accordance with law after hearing the petitioner and other private respondents and also other interested parties, if any, by giving them due opportunity of personal hearing. Such

exercise shall be done by the first respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vsi To

1. The Tahsildar, Pallavaram Taluk, Chennai - 600 016 Kancheepuram District.

2. The Sub-Registrar, Office of the Sub-Registrar, Pammal, Chennai - 600 075 +1cc to Mr.J.Sudhakaran, Advocate, S.R.No.18905 +1cc to the Government Pleader, S.R.No.19283 W.P.No.25983 of 2017 RRK(20/03/2018)