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Madras High CourtWP/24882/2024disposed of

A.Ramanujadoss v. The District Collector

2024-08-30Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.24882 of 2024 A.Ramanujadoss ..Petitioner Vs.

1.The District Collector Thiruvallur District Thiruvallur.

2.The District Revenue Officer O/o. District Revenue Office Thiruvallur & Taluk Thiruvallur.

3.The Revenue Divisional Officer O/o. Revenue Divisional Office Thiruvallur & Taluk Thiruvallur District.

4.The Tahsildar Avadi Taluk Thiruvallur District.

5.S.Kalairasi 6.S.Vishnu 7.S.Pavithra

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents, particularly the respondents 3 and 4 to cancel the Patta No.1528, stands in the name of the respondents 5 to 7 for the property, situated at Ambedkar Street, Mittanamalli Village, Avadi Taluk, Thiruvallur District, (Ward-A as per Avadi Town land register, Block No.42 as per Town S.No.16), No.11 Mittanamalli Village, comprised in Village S.Nos.282(part) and 282/2A1B (part), to an extent of item No.1-714 sq.ft., and item No.2 - 1516 sq.ft., and in all totaling to an extent of 2230 sq.ft., out of 710 sq.mtrs. (i.e., 7642.4 sq.ft.), on the basis of the petitioner's representation dated 29.09.2023 sent to the second respondent, sent on 04.03.2024 sent to the first respondent. For Petitioner : Mr.R.Thanjan For Respondents : Mr.A.Selvendran for R1 to R4 Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents particularly respondents 3 & 4 to cancel the Patta No.1528 issued in favour of the respondents 5 to 7 in respect of the property situated in T.S.No.16, Block 2/6

No.42, Ward-A, at Ambedkar Street, Mittanamalli Village, Avadi Taluk, Thiruvallur District, by considering his representation dated 29.09.2023.

2. It is the case of the petitioner that he owned 3/4th share in the above mentioned property by virtue of a registered sale deed dated 01.09.2021 and ignoring his right over the property patta was wrongly issued in favour of the respondents 5 to 7 by the revenue Authority. Therefore, he submitted a representation before the first respondent on 05.02.2024 seeking cancellation of patta issued in favour of the respondents 5 to 7 ignoring his right over the subject property. The said application was forwarded to the fourth respondent by the third respondent in his proceedings in Na.Ka.No.7432/2023/A5 dated 09.02.2024. However, the fourth respondent has not conducted any enquiry on the representation of the petitioner. Therefore, the petitioner is before this Court.

3. Mr. A.Selvendran, learned Special Government Pleader, who takes notice for the respondents 1 to 4, would submit that the application submitted by the petitioner dated 05.02.2024 will be considered on its own merits, within a time frame fixed by this Court. 3/6

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the fourth respondent to consider the application submitted by the petitioner dated 05.02.2024 forwarded by the third respondent in his proceedings in Na.Ka.No. 7432/2023/A5 dated 09.02.2024 and pass final orders, within a period of 8 weeks from the date of receipt of a copy of this order, after issuing necessary notice to the respondents 5 to 7.

5. With the above direction, this Writ Petition is disposed of. No costs.

30.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 4/6

To 1.The District Collector Thiruvallur District Thiruvallur.

2.The District Revenue Officer O/o. District Revenue Office Thiruvallur & Taluk Thiruvallur.

3.The Revenue Divisional Officer O/o. Revenue Divisional Office Thiruvallur & Taluk Thiruvallur District.

4.The Tahsildar Avadi Taluk Thiruvallur District.

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S.SOUNTHAR , J.

dna W.P No.24882 of 2024 30.08.2024 6/6