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Madras High CourtWP/16271/2017disposed of

D.Suganthi Gnanabai v. State

2017-06-29Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.16271 of 2017 D.Suganthi Gnanabai ... Petitioner Vs.

1.State represented by its The District Collector, Thiruvallur District, Thiruvallur.

2.The District Revenue Officer, Tiruvallur District, Tiruvallur.

3.The Revenue Divisional Officer, Ambattur Eranvur & Tiruvottiyur Revenue Division, Tiruvallur Town.

4.The Tahsildar, Tiruvottiyur, Tiruvallur District.

5.The Special Tahsildar, Town Land Survey Scheme, Poonthotta Salai, Tiruvottiyur, Chennai -19. ... Respondents PRAYER:

Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus, directing to cancel the bogus and forged patta record in Form-4 Ward C Block No.12 TS 4/34 vide SR No.595/2015 issued from Special Tahsildar (ULT) @ Thiruvottiyur, Chennai 19 immediately and issue fresh True patta record to the petitioner and her three children within a time frame of 2 months.

For Petitioner :Mr.P.Britto.

For Respondents :Mr.A.N.Thambidurai, Special Government Pleader.

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing to cancel the bogus and forged patta record, issued by Special Tahsildar (ULT) @Thiruvottiyur, Chennai 19, and issue fresh patta to her and three children within a time frame.

2. It is brought to the notice of this Court by the learned counsel appearing for the petitioner that the petitioner has also submitted a petition before the second respondent, the District Revenue Officer on 28.02.2017 for cancelling the bogus and forged patta issued by the Special Tahsildar. 3.Mr.A.N.Thambidurai, learned Special Government Pleader taking notice for the respondent submitted that the second respondent, District Revenue Officer may be directed to consider the petitioner's petition presented by the petitioner as an appeal and the second respondent may be directed to decide the same in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side, 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 second respondent to consider the petitioner's petition dated 28.02.2017 as an appeal and decide the same, in accordance with law, after giving notice to all the interested parties, within twelve weeks from the date of receipt of a copy of this order. 5.With this observation, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mfa/rg To

1. The District Collector, Thiruvallur District, Thiruvallur.

2.The District Revenue Officer, Tiruvallur District, Tiruvallur.

3.The Revenue Divisional Officer, Ambattur Eranvur & Tiruvottiyur Revenue Division, Tiruvallur Town.

4.The Tahsildar, Tiruvottiyur, Tiruvallur District.

5.The Special Tahsildar, Town Land Survey Scheme, Poonthotta Salai, Tiruvottiyur, Chennai -19.

+1cc to Government Pleader SR.No.45771 +1cc to Mr.P.Britto, Advocate SR.No.45095 W.P.No.16271 of 2017 GN(07/07/2017)