V.Dhanasekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25182 of 2024 V.Dhanasekar ..Petitioner Vs.

1.The District Collector Collectorate Building 2.The Revenue Divisional Officer North Chennai Revenue Division Puzhal Chennai 600 066.

3.The Tahsildhar Perambalur Taluk Mullai Nagar Perambur 4.The Sub-Registrar Madhavaram 5.The Inspector of Police M-6, Manali Police Station 1/6

6.Arasappan

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to consider the representation of the petitioner dated 26.06.2024 seeking to cancel the patta obtained by the sixth respondent in T.S.Nos.7/44, 7/45 and 7/46 situated at Block No.4, Selavayal Village and Chennai. For Petitioner : Mr.N.Umapathi For Respondents : Mr.A.Selvendran for R1 to R4 Special Government Pleader Mr.S.Sugendran for R5 Additional Public Prosecutor Ms.T.Gnana Banu for R6

O R D E R

The petitioner herein seeks a direction to the second respondent to consider the representation of the petitioner dated 26.06.2024 seeking cancellation of the patta issued in the name of the sixth respondent in T.S.Nos.7/44, 7/45 and 7/46 situated at Block No.4, Selavayal Village, 2/6

2. According to the petitioner, the above mentioned property originally belonged to Vedhanthi Murugappa Naicker and after his death there is a property dispute among his legal heirs and a civil suit is pending in C.S.No.147 of 2016 on the file of this Court. The sixth respondent herein behind the back of the petitioner and other legal heirs obtained a patta in his name in respect of the above mentioned property. Therefore, the petitioner submitted a representation dated 26.06.2024 before the second respondent seeking cancellation of the patta issued in favour of the sixth respondent and the same has not been considered. Aggrieved by the same, the petitioner is before this Court.

3. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents 1 to 4, Mr.S.Sugendran, learned Additional Public Prosecutor takes notice for the fifth respondent.

4. The learned counsel for the sixth respondent submitted that the petitioner submitted a representation before the second respondent suppressing 3/6

various material facts.

5. Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents 1 to 4, would submit that the representation of the petitioner will be considered on its own merits, within a time frame fixed by this Court.

6. In view of the same, without going into the merits of the claim made by the petitioner as well as the sixth respondent, this Court is inclined to issue a direction to the second respondent to consider the representation of the petitioner dated 26.06.2024 and pass final orders, on its own merits, within a period of 8 weeks from the date of receipt of copy of this order, after affording opportunity to the petitioner as well as the sixth respondent.

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

03.09.2024 Index : Yes/No Internet : Yes/No 4/6

Speaking Order/Non-Speaking Order dna To 1.The District Collector Collectorate Building 2.The Revenue Divisional Officer North Chennai Revenue Division Puzhal Chennai 600 066.

3.The Tahsildhar Perambalur Taluk Mullai Nagar Perambur 4.The Sub-Registrar Madhavaram 5.The Inspector of Police M-6, Manali Police Station 5/6

S.SOUNTHAR , J.

dna W.P No.25182 of 2024 03.09.2024 6/6