Selvaganesan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.22354 of 2024 Selvaganesan

...Petitioner

Vs.

The Tahsildar Purasaiwakkam Chennai ..Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to restore the patta in the name of grandfather of the petitioner S.M.S. Chinaiah Chettiar based on the order of the Revenue Divisional Officer, North Chennai in his proceedings No. Na.Ka. A6/ 203/ 2024 dated 27.06.2024 and based on the representation dated 08.07.2024 forthwith.

For Petitioner : Mr.M.Marudhachalam For Respondent : Mr.D.Gopal Government Advocate

O R D E R

The petitioner seeks a direction to respondent to restore the patta in the name of the grand father of the petitioner as per the order passed by the Revenue Divisional Officer, North Chennai in his proceedings in Na.Ka.No.A6/ 1/4

203/ 2024 dated 27.06.2024 by considering his representation dated 08.07.2024.

2. It is seen from the order passed by the Revenue Divisional Officer, North Chennai dated 27.06.2024, the respondent has been directed to cancel the patta transfer order in the name of Bala Venkatarama Chetty Kalyana Mandhiram Private Trust and restore the patta to its original position. It is asserted by the petitioner that originally the name of his grand father was found in the patta and without notice to the petitioner, the order was passed for change of patta in the name of third party and on appeal filed by the petitioner, the Revenue Divisional Officer passed the above mentioned order for restoration of the patta in the name of his grandfather. The order passed by the Revenue Divisional Officer has not been implemented by the respondent. Therefore, the petitioner submitted a representation on 08.07.2024 seeking restoration of patta as per the order passed by the Revenue Divisional Officer and the same has not been considered. Aggrieved by the same, the petitioner is before this Court by way of writ petition.

3. Mr.D.Gopal, learned Government Advocate takes notice for the 2/4

respondent.

4. It is not the case of the respondent that the order passed by the Revenue Divisional Officer has been challenged and any stay order has been passed. In such circumstances, there may not be any impediment for the respondent to implement the order passed by the Revenue Divisional Officer. Accordingly, this Court is inclined to direct the respondent to consider the representation of the petitioner dated 08.07.2024 seeking implementation of the order passed by the Revenue Divisional Officer and dispose of the same on merits within a period of two weeks from today.

5. With the above directions, this writ petition is disposed of. No costs. 07.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr 3/4

S.SOUNTHAR , J.

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