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Madras High CourtWP/17733/2024disposed of

S.Ankaian v. The Revenue Divisional Officer

2024-07-08Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.17733 of 2024 & WMP.No.19474 of 2024 S.Ankaian .. Petitioner

Versus

1. The Revenue Divisional officer, Tiruvallur District, Tiruvallur.

2. The Tahsildhar, Tiruvallur Taluk, Tiruvallur.

3. N.Gubendra Achari .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to issue direction to the second respondent to take appropriation Action to revoke the illegal patta issued to the third Respondent with regard to the petitioners property situated at Thiruvallur Taluk, Narasamangalam Village, survey No. 726, old survey No 33/1 to an extent of 12 cents thereon on the representation dated 21.02.2024.

For Petitioner :Mr.R.Balasubramanian For Respondent :Mr.A.Se1vendran, Special Government Pleader - R1 & R2 1/5

O R D E R

Since no adverse Order has been passed against the third 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 first respondent to issue direction to the second respondent to take appropriation action on the representation of the petitioner dated 21.02.2024 and to revoke the illegal patta issued to the third Respondent with regard to the petitioners property situated at Thiruvallur Taluk, Narasamangalam Village to an extent of 12 cents.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the first and second respondents and perused the materials available on record.

4. The case of the petitioner is that the maternal grand father of the petitioner purchased the subject property and the petitioner obtained legal heir certificate as per the decree passed in the suit in O.S.No.96 of 2015 on the file of the District Munsif Court, Tiruvallur. While so, the third respondent 2/5

fraudulently obtained patta in his name for the above said property. Therefore, the petitioner had made a representation to the first and second respondents to revoke the patta issued in the name of the third respondent. However, the respondents have not taken any action till date. Hence, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, the first and second respondents are directed to consider the representation of the petitioner dated 21.02.2024 and pass appropriate Orders on the same on merits and in accordance with law, after giving personal hearing to the petitioner as well as the third 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. Consequently, connected miscellaneous petition is closed. 05:07.2024 vrc Index :Yes/No Internet :Yes/No 3/5

: Yes/No To,

1. The Revenue Divisional officer, Tiruvallur District, Tiruvallur.

2. The Tahsildhar, Tiruvallur Taluk, Tiruvallur.

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N. SATHISH KUMAR , J.

vrc W.P.No.17733 of 2024 08.07.2024 5/5