Madras High CourtWP/39099/2016disposed of

T.Sangeetha, Temporarily Res. v. The District Collector,

2019-03-29Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.03.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.39099 of 2016 T.Sangeetha Rep. by her Power of Attorney Mariappan Vellaichamy .. Petitioner Vs.

1.The District Collector, 2.The Tahsildar, Office of the Tahsildar, Sriperumbudur Taluk, Kanchipuram District.

3.Meena Ramakrishnan 4.The Revenue Divisional Officer, .. Respondents (R4 impleaded vide order of this Court in W.M.P.No.9432/2019 dated 29.03.2019 in W.P.No.39099/2016) PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to consider and dispose of the representation of the petitioner dated 02.11.2015 addressed to the second respondent.

For Petitioner : Ms.T.Muthamilselvi For RR1,2 & 4 : Mr.N.Inbanathan Additional Government Pleader For R3 : Served - No appearance

O R D E R

The prayer sought for in this writ petition is for a direction to the second respondent to consider and dispose of the petitioner's representation dated 02.11.2015.

2. The case of the petitioner is that the petitioner purchased a property to an extent of 3600 sq.ft at Plot No.463, Varadhapuram Village, Sriperumbudur Taluk, Kanchipuram District by way of registered sale deed document No.6528/2007 dated 13.09.2007 on the file of S.R.O. Padappai. The patta No.1745 was also issued in the name of the petitioner. While so, the petitioner received a summons from the Sub Court, Kanchipuram in O.S.No.179/2014. The petitioner came to know that the third respondent herein fabricated a settlement deed in her favour, as if executed by her father and got it registered as settlement deed document No.5244/2013 dated 28.03.2013 in the office of S.R.O. Padappai. It is stated that the patta number issued to the petitioner is No.

1745 and the patta number issued in favour of the third respondent's father is also shown as No.1745. Hence, the petitioner made a representation dated 02.11.2015 to the second respondent seeking to cancel the patta issued in the name of the third respondent's father Panchatcharam. But no action has been taken by the second respondent till now. Hence, the petitioner has filed this writ petition.

3. Heard the learned counsel appearing on both sides.

4. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the fourth respondent to consider the petitioner's representation dated 02.11.2015 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner, third respondent herein and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar rsi To 1.The District Collector,

2.The Tahsildar, Office of the Tahsildar, Sriperumbudur Taluk, Kanchipuram District.

3.The Revenue Divisional Officer, +1cc to M/s.T.Muthamilselvi, Advocate, S.R.No.31520 +1cc to the Government Pleader, S.R.No.31106 W.P.No.39099 of 2016 EV(CO) RRS(06/05/2019)