B.Soundarajan v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ B.Soundarajan : Petitioner Vs.
1.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Madurantakam Taluk, Chengalpet District.
2.The Thasildar, Cheyyur Taluk, Chengalpet District.
3.S.Ganesan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents 1 and 2 to remove the name of the third respondent and restore the patta bearing No.1122 in the name of the petitioner and others for the lands comprised in Survey No.441/3A1A for an extent of Acre 1.47 cents situated at Parameswaramangalam Madura Adayalachery Village, Cheyyur Taluk, Chengalpattu District based on the petitioner representation dated 26.12.2024 within the time stipulated by this Court and pass orders.
1/6
For Petitioner : Mr.R.Ragavendran For Respondents : Mr.A.Selvendran Special Government Pleader for R1 and R2
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 No.3 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus Mandamus to direct the respondents 1 and 2 to remove the name of the third respondent and restore the patta bearing No.1122 in the name of the petitioner and others for the lands comprised in Survey No.441/3A1A measuring an extent of Acre 1.47 cents situated at Parameswaramangalam Madura Adayalachery Village, Cheyyur Taluk, Chengalpattu District based on the petitioner's representation dated 26.12.2024, within the time stipulated by this Court. 2/6
3. It is submitted by the learned counsel for the petitioner that the petitioner and three others owned property comprised in Survey No.441/3A1A measuring an extent of Acre 1.47 cents situated at Parameswaramangalam Madura Adayalachery Village, Cheyyur Taluk, Chengalpattu District. While so, the second respondent has wrongly included the name of the third respondent in the joint patta bearing No.1122 in respect of the subject property. Aggrieved by the same, the petitioner filed a representation dated 26.12.2024 to the respondent Nos.1 and 2 to remove the name of third respondent from the joint patta No.1122 and restore the name of the petitioner and three others. However, the said representation has not been considered so far. Hence, the petitioner has filed the present writ petition.
4. At the outset, the learned Special Government Pleader for respondent Nos.1 and 2, on instructions, would submit that enquiry is under progress on the petitioner's representation dated 26.12.2024 and the enquiry is posted on 10.07.2025. He would further submit that notice has already been issued to the petitioner and they would complete the enquiry and appropriate orders would be passed, within the time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
3/6
5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondents 1 and 2, to consider the representation dated 26.12.2024 on its own merits and complete the enquiry and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, third respondent and any other interested persons/stake holders, within a period of eight (8) weeks from today. It is open to the petitioner, third respondent or any other interested parties to participate in the enquiry on 10.07.2025. 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 case on its own merits and in accordance with law.
6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.
01.07.2025 Speaking (or) Non Speaking Order mrn 4/6
To 1.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Madurantakam Taluk, Chengalpet District.
2.The Thasildar, Cheyyur Taluk, Chengalpet District.
5/6
MOHAMMED SHAFFIQ, J.
mrn 01.07.2025 6/6