Mahaveer Chand Dhoka v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2020

CORAM:

THE HONOURABLE Mr. JUSTICE N.ANAND VENKATESH W.P.No.13880 of 2020 and W.M.P.Nos.17244 & 17246 of 2020 1.Mahaveer Chand Dhoka 2.S.Abhay Kumar Dhoka ... Petitioners Vs.

1. The Tahsildar, Guindy Taluk, Mount Road, Guindy, Chennai - 600 032.

2. Gowtham Chand Dhoka ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the 1st respondent from granting a separate patta in favour of the 2nd respondent for the property bearing Door No.18, New Door No.45, Plot No.79, Vaidyarama Iyer Street, T.Nagar, Madras - 600 017 measuring 4 Grounds and 1194 Sq.ft. of land along with superstructure thereon.

For Petitioners : Mr.K.Harishankar For 1st Respondent : Mr.S.N.Parthasarathi Government Advocate

ORDER

This Writ Petition has been filed for the issue of a writ of mandamus forbearing the first respondent from granting any separate patta in favour of the second respondent with respect to the subject property.

2.Mr.S.N.Parthasarathi, learned Government Advocate appearing on behalf of the first respondent submitted that the representation given by the petitioners had been taken on file and they have been called for an enquiry. The learned counsel further submitted that the petitioners and the second respondent can be present for the enquiry and they can submit the relevant documents and the first respondent will deal with the same strictly in accordance with law and pass appropriate orders. https://hcservices.ecourts.gov.in/hcservices/

3.Heard Mr.K.Harishankar, learned counsel for the petitioners and Mr.Sundar, learned counsel for the second respondent.

4.Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the first respondent to conduct the enquiry, after giving an opportunity to the petitioners and the second respondent and pass orders strictly in accordance with law within a period of four weeks from the date of receipt of copy of this order. The petitioners and second respondent shall place all the materials placed before the first respondent, to enable the first respondent to pass the orders. This Writ Petition is disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Sgl To 1.The Tahsildar, Guindy Taluk, Mount Road, Guindy, Chennai - 600 032.

2.The Government Advocate, High Court of Madras, Chennai.

+1 cc to M/s.K.Harishankar, Advocate Sr.No. 33105 +1 cc to M/s.K.Moorthy,Advocate Sr.No. 33267 +1 cc to The Government Pleader, Sr.No. 33281 W.P.No.13880 of 2020 RSI(CO) RMP(23/11/2020) https://hcservices.ecourts.gov.in/hcservices/