V.Venkatakrishnan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.15946 of 2024 V.Venkatakrishnan .. Petitioner

Versus

1. The District Collector, Office of the District Collector, Kancheepuram.

2. The Divisional Revenue Officer, O/o.Divisional Revenue Officer, Collectorate, Kancheepuram.

3. The Tahsildar, Office of the Tahsildar, Sriperumbadur, Kancheepuram District.

4. The Village Administrative Officer, Mdambakkam Village, Sriperumbudur Taluk, Kancheepuram District.

5. K.Gurusamy .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to cancel the patta vide patta No. 450 in respect of the petitioner agricultural land bearing Survey No 45/1A to an extent of 0.29 cents (11.8Acres) at 194 Madambakkam Village, Sriperumbudur Taluk, Kancheepuram District and refurbish the patta No.460 with survey No.45/1A to an extent of 0.29 cents (11.8 Acres) by 1/5

considering the petitioner representations dated on 07.11.2016 21.04.2017 and 09.04.2018.

For Petitioner : Mr.X.Selvam Sounder For Respondents : Mr.P.Sathish Additional Government Pleader - R1 to R4

ORDER

Since no adverse Order has been passed by the fifth respondent, notice to him is dispensed with. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct the respondents 1 to 3 to cancel the patta vide patta No.450 in respect of the petitioner agricultural land bearing Survey No 45/1A to an extent at 194 Madambakkam Village, Sriperumbudur Taluk, Kancheepuram District and refurbish the patta No.460 with survey No.45/1A by considering the petitioner representations dated 07.11.2016 21.04.2017 and 09.04.2018.

3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 4 and perused the materials available on record.

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4. The case of the petitioner is that originally the subject property belonged to the grandfather of the petitioner and he executed a registered settlement deed in favour of the petitioner and handed over physical possession of the property. While so, the fifth respondent fabricated documents and obtained fake patta in his favour. In this regard, he petitioner has given representations to the respondents to cancel the patta issued in favour of the fifth respondent and issue patta in favour of the petitioner. However, the respondents have not taken any action in this regard. Hence, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, the respondents 1 to 3 are directed to consider the representations of the petitioner dated 07.11.2016, 21.04.2017 and 09.04.2018 and pass appropriate orders on the same on merits and in accordance with law, after giving an opportunity of personal hearing to the petitioner as well as the fifth respondent, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 21.06.2024 vrc 3/5

Index :Yes/No Internet :Yes/No : Yes/No To,

1. The District Collector, Office of the District Collector, Kancheepuram.

2. The Divisional Revenue Officer, O/o.Divisional Revenue Officer, Collectorate, Kancheepuram.

3. The Tahsildar, Office of the Tahsildar, Sriperumbadur, Kancheepuram District.

4. The Village Administrative Officer, Mdambakkam Village, Sriperumbudur Taluk, Kancheepuram District.

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N. SATHISH KUMAR , J.

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