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Madras High CourtWP/27265/2025disposed of

Jayapradap v. Revenue Divisional Officer

2025-07-30Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mr.J.Jayapradap : Petitioner Vs.

1.The Revenue Divisional Officer, Sriperumbudur, Kancheepuram District.

2.The Tashildar, Kundrathur Taluk, Kancheepuram District.

3.P.Anandan 4.Mr.Aruna : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the first respondent to pass an order based on petitioner's representation dated 12.01.2022. For Petitioner :

Mr.Santhosh Kumar S For Respondents : Mr.P.Ganesan Government Advocate for R1 and R2 1/6

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 respondent Nos.3 and 4 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct the first respondent to consider the representation dated 12.01.2022 submitted by the petitioner.

3. It is submitted by the learned counsel for the petitioner that though petitioner is the lawful owner of the property comprised in Survey No.238/6A, Plot No.252, 253 measuring an extent of 5271 sq.ft. situated at Subsri Nagar, Athanancheri Village, Padappai by virtue of a sale deed registered as Document No.1436/2006 on the file of the Sub Registrar, Guduvancherry, patta has been erroneously issued in the name of fourth respondent in Patta No.2981. Hence, petitioner submitted a representation dated 12.01.2022 before the first respondent seeking cancellation of patta issued in the name of the fourth respondent in respect 2/6

of the subject property and for issuance of patta in his name. It is stated that pursuant to the above representation, enquiry was also made as early as in January, 2024, however there has not been any progress thereafter. Aggrieved by the same, the petitioner has filed the present writ petition.

4. Learned Government Advocate for respondents 1 and 2 would submit that they would complete the enquiry commenced on the basis of the representation dated 12.01.2022 and pass appropriate orders, in case orders are yet to be passed and in case orders are passed on the basis of the said representation, they would furnish a copy of the order, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The first respondent shall complete the enquiry commenced on the basis of the representation dated 12.01.2022, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, respondents 3 and 4 and all other interested parties including rival claimants, if any and pass appropriate 3/6

orders, in case orders are yet to be passed, within a period of six (6) weeks from the date of uploading of web copy without waiting for the receipt of certified copy. In case orders are passed on the basis of the said representation, they shall furnish a copy of the order, within a period of two (2) weeks from the date of uploading of web copy without waiting for the receipt of certified copy. ii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the representation and pass appropriate order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules.

iii) 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. Rights and contentions of the petitioner and all other interested parties are left open. 4/6

6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

30.07.2025 Speaking (or) Non Speaking Order mrn To 1.The Revenue Divisional Officer, Sriperumbudur, Kancheepuram District.

2.The Tashildar, Kundrathur Taluk, Kancheepuram District.

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MOHAMMED SHAFFIQ, J.

(mrn) 28.07.2025 6/6