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Madras High CourtWP/21006/2024disposed of

B.Kesavan v. The District Collector

2024-07-29Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR B.Kesavan .. Petitioner

Versus

1.The District Collector, Kancheepuram District.

2.The Revenue Divisional Officer, RDOs Office, Kancheepuram.

3.The Tahsildar, Walajapet Taluk, Kancheepuram District.

4.G.Chandran 5.Renuka 6.Rajkumar ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to consider the petitioner's representation dated 12.02.2024. For Petitioner : Mr.P.Arumugavel For Respondents : Mr.P.Sathish, Additional Government Pleader for R1 to R3

ORDER

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With the consent of both sides, the main writ petition itself is taken up for final disposal at the admission stage.

2. This Writ Petition is fi1ed to issue a direction to the third respondent to consider the petitioner's representation dated 12.02.2024 seeking cancellation of patta issued illegally in favour of sixth respondent.

3. Heard learned counsel for the petitioner, learned Additional Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.

4.The contention of the petitioner is that the petitioner's father viz., Balaraman has purchased a property situated at Venkudi Village, Kancheepuram Taluk and District comprised in Survey No.78/1 to an extent of 0.71 cents on 26.07.1961 through a registered sale deed bearing document No.3029 of 1961 on the file of Sub Registrar, Kancheepuram. Thereafter, on 21.07.1965 the petitioner's father had pledged the abovesaid sale deed and after payment of loan amount, he had received back the original sale deed. After demise of his father and mother on 30.06.2023 on verification of encumbrance certificate for the abovesaid property, the petitioner came to know about the forged sale deed executed by respondents 4 and 5 in favour of 2/5

6th respondent in Document No.2186 of 2008 on the file of Sub Registrar, Walajabad. In this regard, the petitioner has given a representation on 12.02.2024 to the first respondent and in turn, he had forwarded the same to the third respondent. The third respondent has also called the petitioner and respondents 5 and 6 for an enquiry held on 24.02.2022. The petitioner had appeared before the third respondent and submitted relevant records. However, the third respondent has not passed any order till date. Hence, the present Writ Petition.

5. Though a direction has been sought for to cancel the patta, it is submitted by the learned counsel for the petitioner that enquiry has been conducted and only an order has to be passed by the third respondent-Tahsildar, Walajabad Taluk, Kancheepuram District.

6.Considering the limited relief sought for in this writ petition, the third respondent is directed to consider the representation of the petitioner dated 12.02.2024 and pass appropriate orders on the same on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is disposed of. No costs. 3/5

29.07.2024 raa Index :Yes/No Internet : Yes/No : Yes/No To 1.The District Collector, Kancheepuram District.

2.The Revenue Divisional Officer, RDOs Office, Kancheepuram.

3.The Tahsildar, Walajapet Taluk, Kancheepuram District.

N. SATHISH KUMAR , J.

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