Naduandi v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2021

CORAM:

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN W.P.No.20752 of 2021 Naduandi ... Petitioner Vs

1. The Principal Secretary, Land Measurement and Land Registration, PWD Office, Chepauk, Chennai - 600 005.

2. The Director, Land Measurement and Land Registration, PWD Office, Chepauk, Chennai - 600 005.

3. The District Revenue Officer, O/o. District Revenue, Thirupathur - 635 601.

4. The Tahsildar, O/o. the Tahsildar, Thirupathur - 635 601.

5. Subramani

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 15.08.2021 for cancellation of the possession certificate issued by the fourth respondent dated 24.01.2020 in Moo.Mu.Aa.2/6052/2019.

For Petitioner : Mr.Nambirajan For RR 1 to 4 : Mr.Yogesh Kannadasan Government Advocate.

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 15.08.2021 for cancellation of the possession certificate issued by the fourth respondent dated 24.01.2020 in Moo.Mu.Aa.2/6052/2019.

2. The case of the petitioner is that, he is senior citizen and he and his two brothers had executed an unregistered partition deed on 27.05.1996 and received a share of himself measuring to an extent of 6 acres 32 cents that land was situated at Thirupathur Taluk and District, Yelagiri Hills, Athanavoor Village in Survey No.51, Joint Patta No.216 that land also contained tamarind tree, jackfurit tree, myrobalan tree and some other trees in the land and till date, the petitioner is enjoying the property. In the meantime, the petitioner's second son/5th respondent herein, having malafide intention, tried to grab the undivided property and gave false information to the Tahsildar, Thirupathur and he was also obtained Possession Certificate on 24.01.2020 measuring to an extent of 3 acres of land out of 19.

74 Hectare that possession certificate issued by the Tahsildar on 24.01.2020 in favour of 5th respondent. Based on the above Possession Certificate, the fifth respondent filed a suit against the petitioner and his other sons and daughters in O.S.No.33 of 2021 before the District Munsif Court, Thirupathur, for permanent injunction and the same is pending. Therefore, the petitioner made a representation dated 15.08.2021 before the respondents 1 to 4 and the same was acknowledged on 17.08.2021, but, till date, no action has been taken by the respondents. Hence, the petitioner has come forward with the present writ petition under Article 226 of the Constitution of India.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents 1 to 4 to consider the petitioner's representation dated 15.08.2021 and dispose of the same within a stipulated time that may be framed by this Court.

4. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, the respondents are hereby directed to conduct an enquiry based on the petitioner's representation dated 15.08.2021 and pass appropriate orders, on merits and in accordance with law, after

affording an opportunity of personal hearing to the petitioner and necessary parties within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar msm To

1. The Principal Secretary, Land Measurement and Land Registration, PWD Office, Chepauk, Chennai - 600 005.

2. The Director, Land Measurement and Land Registration, PWD Office, Chepauk, Chennai - 600 005.

3. The District Revenue Officer, O/o. District Revenue, Thirupathur - 635 601.

4. The Tahsildar, O/o. the Tahsildar, Thirupathur - 635 601.

+2cc to Mr.S.Nambirajan, Advocate, S.R.No.49960 +1cc to the Government Pleader, S.R.No.50867 W.P.No.20752 of 2021 RSV(CO) CB(02/11/2021)