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Madras High CourtWP/16669/2018disposed of

S.Rajendran, v. The Tahsildar,

2018-07-05Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.16669 of 2018 S.Rajendiran ..

Petitioner Vs.

1.The Tahsildar, Tahsildar Office, Thiruvallur Taluk, Thiruvallur District.

2.S.Ambikeshwaran 3.A.Sumathi ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's representation dated 05.12.2016 on merits in accordance with law.

For Petitioner : Mr.P.Krishnan For Respondents: Mr.V.Jayaprakash Narayanan, Special Government Pleader (R1)

O R D E R

The learned counsel appearing for the petitioner relying upon the registered Adoption Deed dated 23.05.1986 executed by the original parents of the petitioner viz., Vengappan and Jeyalakshmi, in favour of R.Sivaprakasam, submitted that the petitioner is the legally adopted son of R.Sivaprakasam. 2.The learned counsel further submitted that one Jayalakshmi claiming to be the wife of unmarried R.Sivaprakasam, created a forged Sale Deed and alienated the property belonging to R.Sivaprakasam, behind the back of the petitioner. In this regard, the petitioner has approached the Commissioner of Police, Vepery, Chennai and lodged a complaint on 04.12.2013 and had also furnished the documents before the Inspector of Police, Land Grabbing Cell, Chennai.

The Police official instead of conducting enquiry and investigating into the matter, directed the petitioner to work out his remedy before the Civil Court. Thereafter, the petitioner also approached the 1st respondent to cancel the patta, but no action has been taken. 3.Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the 1st respondent submitted that the criminal case filed by the petitioner, against the closure of https://hcservices.ecourts.gov.

report, is pending for consideration. Therefore, based on the out come of the criminal case, the petitioner has to work out his remedy.

4.Recording the above said submission, the Writ Petition is disposed of. It is made clear that the petitioner has to work out his remedy after the disposal of the criminal case. No costs. Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar va To 1.The Tahsildar, Tahsildar Office, Thiruvallur Taluk, Thiruvallur District.

+1cc to Mr.P.KRISHNAN, Advocate, S.R.No. 44509 +1cc to the Government Pleader, S.R.No. 45353 W.P.No.16669 of 2018 TR(18/07/2018) https://hcservices.ecourts.gov.in/hcservices/