M.John Bright, v. The District Revenue Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.11342 of 2013 And M.P.No.1 of 2013 John Bright ... Petitioner Vs.

1.The District Revenue Officer Thiruvallur Collector Office Campus Thiruvallur District.

2.The Tahsildar Ambattur Taluk, Thiruvallur Thiruvallur District.

3.The Tahsildar Madavaram Taluk, Thiruvallur Thiruvallur District.

... Respondents Prayer:

Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to dispose of the application dated 19.11.2012 seeking cancellation of patta bearing no.1190 issued to GVR Realties and issuance of fresh patta to the petitioner's property measuring an extent of 7 1⁄2 cents comprised in survey no.3/4 of Ariyalur Village, Ambattur Taluk and presently in Madavaram Taluk, Thiruvallur District by invoking Section 13 of the Tamil Nadu Patta Pass Book Act, 1986 in time bound manner. For Petitioner : Mr.R.Chandrasudan For Respondents : Mr.V.S.Ramesh Government Advocate

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The petitioner and his wife claim to have purchased 7 1⁄2 cents in survey no.3/4 of Ariyalur Village, Ambattur Taluk and presently in Madavaram Taluk, Thiruvallur District through a registered sale deed dated 11.07.2002 and according to him, one Chella Pandian Nadar and M/s.GVR Realties conspired with each other and fabricated the document and created a sale deed bearing document no.11202/2006 dated 06.12.2006, registered on the file of the Sub-Registrar Office, Red Hills. The petitioner in this regard, has also lodged a complaint on the file of the Commissioner of Police, Chennai City and also made application for cancellation of patta granted in favour of M/s.GVR Realties in the form of representation dated 19.11.2012, to the first respondent and since no orders have been passed, came forward to file this writ petition.

3.The learned counsel appearing for the petitioner would submit that though the office of the first respondent has received the said representation, no orders have been passed and hence, the petitioner is constrained to approach this Court by way of filing this writ petition.

4.This Court also heard the submissions of Mr.V.S.Ramesh, learned Government Advocate, who accepts notice on behalf of the respondents.

5.Though the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the same, permits the petitioner to submit one more representation to the first respondent along with a copy of this order as well as copy of the earlier representation dated 19.11.2012, within a period of two weeks from the date of receipt of a copy of this order and the first respondent on receipt of the same, is directed to consider the said representation, in accordance with law, after putting on notice, M/s.GVR Realties and pass orders, within a further period of ten weeks thereafter and communicate the decision taken, to the petitioner as well as to M/s.GVR Realties.

6.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is also closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar pri To 1.The District Revenue Officer Thiruvallur Collector Office Campus Thiruvallur District.

2.The Tahsildar Ambattur Taluk, Thiruvallur Thiruvallur District.

3.The Tahsildar Madavaram Taluk, Thiruvallur Thiruvallur District.

+1 cc to Government pleader sr.38963 +1 cc to M/s.R.Chandrasudan Advocate sr.39089 W.P.No.11342 of 2013 And M.P.No.1 of 2013 aa29/07/2016