Madras High CourtWP/22729/2024disposed of

R.Dakshyayini v. The District Collector

2024-08-08Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.22729 of 2024 1.R.Dakshyayini 2.R.Dhanraj

...Petitioners

Vs.

1.The District Collector Thiruvallur District Thiruvallur - 602 001 2.The District Revenue Officer, Thiruvallur District Thiruvallur 602 001 3.The Revenue Divisional Officer Avadi Thiruvallur District 4.The Tahsildar Avadi Taluk Thiruvallur District

5. Muniyammal ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to dispose of the representation dated 08.09.2023 submitted for cancellation of patta issued in the name of 5th respondent in respect of the house plots bearing Plot No.37 to 1/4

48 admeasuring an extent of 11,880 sq.ft comprised in S.No.793, as per Town Survey Ward B, TS.No.129, as per patta Survey No.793/2, Thirumullaivoyal Village, Avadi Taluk, Thiruvallur District. For Petitioners : Mr.L.Dhamodharan For Respondents 1 to 4 : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioners herein seek a direction to 3rd respondent to consider their representation dated 08.09.2023 seeking cancellation of patta issued in the name of 5th respondent.

2. According to the petitioners, they acquired right over the property measuring an extent of 11,880 sq.ft in Plot No.37 to 48 comprised in S.No.793, Town Survey Ward B, TS.No.129 in Thirumullaivoyal Village, Avadi Taluk, Thiruvallur District under a partition deed dated 01.10.2020. It is further stated by the petitioners that 5th respondent obtained a patta in her favour without having any right over the property. Therefore, the petitioners submitted a representation dated 08.09.2023 to 3rd respondent seeking cancellation of the patta issued in favour of 5th respondent and the same has not been considered by the 3rd respondent in accordance with law. Aggrieved 2/4

by the same, the petitioners are before this Court.

3. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents 1 to 4 and submitted that representation of the petitioners would be considered on its own merits within a time fixed by this Court.

4. In view of the stand taken by the learned Special Government Pleader for the respondents 1 to 4, without going into the merits of the claim made by the petitioners, this Court is inclined to direct the 3rd respondent to consider the representation of the petitioners dated 08.09.2023 on its own merits and pass final orders within a period of eight weeks from the date of receipt of copy of this order after issuing necessary notice to the petitioners as well as the 5th respondent.

5. With the above directions, this writ petition is disposed of. No costs. 08.08.2024 (1⁄2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No 3/4

nr S.SOUNTHAR , J.

nr To 1.The District Collector Thiruvallur District Thiruvallur - 602 001 2.The District Revenue Officer, Thiruvallur District Thiruvallur 602 001 3.The Revenue Divisional Officer Avadi Thiruvallur District 4.The Tahsildar Avadi Taluk Thiruvallur District W.P No.22729 of 2024 08.08.2024 4/4