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Madras High CourtWP/34753/2013disposed of

P.Barnabas Prem v. The Tahsildar

2015-10-05Honourable Mr Justice M.M.Sundresh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.34753 of 2013 P.BARNABAS PREM S/O. P.JOEL KARUNAKARAN, NO.3 NEHRU STREET, TEACHERS COLONY, AMBATTUR CHENNAI - 53.

... PETITIONER Vs.

1. THE TAHSILDAR SRIPERAMBATUR SRIPERAMBATUR TALUK KANCHEEPURAM DISTRICT.

2. THE HEAD QUARTERS DEPUTY TAHSILDAR SRIPERAMBATUR TALUK SRIPERAMBATUR KANCHEEPURAM DISTRICT.

3. P.JEYASELVAM NO.43 SREE COLONY NEREDMENT R.K. PURAM SECONDRABAD ANDHRA PRADESH

4. P.JOEL KARUNAKARAN NO.3 NEHRU STREET TEACHERS COLONY AMBATTUR CHENNAI - 53.

5. JAMES SUSI KARAN NO.55/36 KRISHNADOSS STREET MANGALAPURAM P.B. ROAD CHENNAI - 12.

6. JOB BASKARAN NO.4 NEHRU STREET TEACHERS COLONY AMBATTUR CHENNAI - 53.

7. SAROJINI SOPIA

8. P.SHEELA PATSI

9. P.KEZIAH LUCY

10. P.SHEEBA DAICY

11. P.VINODH RAVI RAJ

12. P.SHOBA FANCY

13. P.VIVEK VALENTIN NOEL RESPONDENTS 7 TO 13 ARE RESIDING AT NO. 87 5TH STREET KAMARAJ NAGAR, AVADI, CHENNAI - 71.

14. VIVIYAN CHARLES MAVALLURKUPPAM KIRUSTHRAVA KANDIGAI THANDALAM POST SRIPERAMBADUR TALUK, KANCHIPURAM DIST.

15. JANET ESTHER NANCY NO.23 3RD CROSS STREET DASAR NAGAR THIRUNINRAVUR

16. BEULA CHRISTINA

17. P.CIRIL MARK JEYAKAR

18. P.SEDRIC MANAV JEFFI

19. P.SAIRAS MANOVA RESPONDENTS 16 TO 19 ARE RESIDING AT NO.91/1 5TH STREET KAMARAJ NAGAR, AVADI, CHENNAI - 71.

... RESPONDENTS Prayer:

Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to cancel the joint patta no.3161 and consequently restore my patta bearing no.3128 for survey No.194/10 (Measuring 27 cents) at Mevalur Kuppam Village Sriperambathur taluk Kanchipuram dist. by passing orders on Petitioners representation dated 02.08.2013 within a specified date.

For Petitioner : Mr.G.Justin For Respondents 1 to 4, 7, 10 to 12 : Mr.P.Sanjay Gandhi, A.G.P. For Respondents 5 & 6 : Mr.D.Velu For Respondents 8, 9, 13 to 19 : No appearance

O R D E R

The petitioner made a representation to the respondent No.1 alleging that joint patta has been wrongly issued by inclusion of private respondent for the survey No.194/10 situated at Mevalurkuppam village, Sriperumbudur Taluk, Kancheepuram district.

2. In pursuant to the said representation, the Revenue Inspector, Thandalam Kuruvattam has issued notice, dated 25.10.2013 asking the parties to appear on 16.11.2013 for an enquiry. As no further progress has been made even thereafter, the petitioner has filed the present writ petition.

3. When the matter is taken up for hearing, the learned counsel for the petitioner as well as the private respondents submitted that no further progress has been made. While it is the case of the petitioner that entry has been made wrongly, learned Additional Govt. Pleader appearing for the respondents 1 to 4, 7, 10 to 12 submitted that some other private respondents have been impleaded as parties.

4. Be that as it may, this Court directs the respondent No.1 to conduct enquiry and pass appropriate final order after affording opportunity to the petitioner as well as the private respondents. It is well open to the respondent No.1 to issue notice to any other third party having interest in the subject property. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this letter. The writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vaan To

1. THE TAHSILDAR SRIPERAMBATUR SRIPERAMBATUR TALUK, KANCHEEPURAM DIST.

2. THE HEAD QUARTERS DEPUTY TAHSILDAR SRIPERAMBATUR TALUK SRIPERAMBATUR KANCHEEPURAM DISTRICT.

+1cc to Mr.G.Justin, Advocate, S.R.No.54304 +1cc to Mr.D.Velu, Advocate, S.R.No.53999 W.P.No.34753 of 2013 ALA(CO) CA(13/10/2015)