S.Venkatesan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Venkatesan ... Petitioner Vs.

1. The Revenue Divisional Officer, Ponneri, Ponneri Taluk, Tiruvallur District.

2. The Tahsildar, Ponneri, Taluk Officer, Ponneri, Tiruvallur District.

3. Tamilarasan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to pass orders based on the report filed by the 2nd respondent, dated 20.10.2017 in respect of properties comprised in S.No.89/4 to an extent of 0.80 cents and S.No.95/2, to an extent of 0.42 cents and thereby total extent is 1 Acre 22 cents (1.22 cents), situated at Puthupakkam Village, Ganayaru Fira, Ponneri Taluk, Thiruvallur District.

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For Petitioner(s) : Mr.D.Gopinathan For R1 and R2 : Mr.A.Selvendran Special Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 3rd respondent is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus, to direct the 1st respondent to pass orders based on the report filed by the 2nd respondent, dated 20.10.2017 in respect of properties comprised in S.Nos.89/4 and 95/2, situated at Puthupakkam Village, Ganayaru Fira, Ponneri Taluk, Thiruvallur District.

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3. It is submitted by the learned counsel for the petitioner that the property comprised in Survey No.89/4, admeasuring 0.80 cents and Survey No.95/2, admeasuring 0.42 cents, situated at Puthupakkam Village, Ganayaru Fira, Ponneri Taluk, Thiruvallur District was originally owned by Mr.Balarama Reddy. Mr.Balarama Reddy died on 17.08.1980 leaving behind his three sons viz., Sambasivam, Sadhasivam and Sadhanandham. Mr.Sambasivam also died on 23.07.1982. Petitioner purchased the said property from Mr.Sadhasivam and Mr.Sadhanandham on 20.11.2006 vide Sale Deed No.1565 of 2006, registered before Sub Registrar, Ponneri.

3.1. It is submitted by the learned counsel for the petitioner that subsequent to the purchase of the said property, petitioner came to know that Patta No.130 was wrongly issued in favour of the 3rd respondent in respect of the subject property. Thereafter, petitioner submitted a representation before the 1st respondent seeking to cancel the patta in the name of 3rd respondent. The said representation was transferred to 2nd respondent. An enquiry was conducted by the 2nd respondent on 22.03.2017 and an enquiry report in Na.Ka. No.7905/2014/M2 was forwarded to the 1st respondent. In the said enquiry report 2nd respondent had recommended to cancel the patta in the name of the 3rd 3/6

respondent and to issue patta in favour of the petitioner. However, the respondent did not take any action. It is further submitted that the petitioner submitted another representation on 24.06.2024 before the 1st respondent seeking to transfer the patta in the name of the petitioner and the same is still pending. Aggrieved by the same, the present writ petition has been filed before this Court.

4. When this was pointed out, the learned Special Government Pleader would submit that it is not clear whether there was any such report submitted by the 2nd respondent as referred to in the prayer. In any view it was submitted that the petitioner's representation dated 24.06.2024 would be considered and appropriate orders would be passed within a time frame that may be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. In view thereof, the writ petition stands disposed of with a direction to the respondents to consider petitioner's representation dated 24.06.2024 and pass appropriate orders after issuing notice to the petitioner, 3rd respondent and any other interested parties and after affording a reasonable opportunity of hearing to petitioner, 3rd respondent and any other interested parties, within a period of 16 4/6

weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs. 08.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:

1. The Revenue Divisional Officer, Ponneri, Ponneri Taluk, Tiruvallur District.

2. The Tahsildar, Ponneri, Taluk Officer, Ponneri, Tiruvallur District.

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MOHAMMED SHAFFIQ, J.

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