Nandakumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P. No.28099 of 2024 and W.M.P.No.30650 of 2024 Nandakumar ..Petitioner Vs.
1. The District Collector Collectorate Office, Tambaram.
2. The District Revenue Officer Tambaram, Chennai-600 045.
3. The Revenue Divisional Officer Tambaram, Chennai-600 045.
4. The Tahsildar Taluk Office, Tambaram, Chennai-600 045.
5.The Sub-Registrar Office Selaiyur Tambaram, Chennai-600 073.
6. R.Mani 7.Sumathi
...Respondents
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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 3rd respondent to dispose off the representation dated 12.4.2024 to cancel the patta bearing No.432 in Old S.No.17/1,NewS.N.775/4, Madapakkam village, Tambaram Taluk, Kancheepuram district standing in name of R.Mani and M.Sumathi within a time frame fixed by this Court .
For Petitioner :Mr. T.M.Mano For Respondents 1 to 5 : Mr.A.Selvendran Special Government Pleader
O R D E R
By consent of both the learned counsel appearing for the petitioner as well as learned Special Government Pleader appearing for the respondents 1 to 5, this writ petition is disposed of at the admission stage itself.
2. The petitioner herein seeks a direction to 3rd respondent to dispose of his representation dated 12.04.2024 seeking cancellation of patta in Patta No.432 pertains to Old Survey.No.17/1, New Survey.No.775/4, Madapakkam village, Tambaram Taluk, Kancheepuram district issued in the name of respondents 6 and 7.
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3. It is the case of the petitioner that petitioner's father namely Venugopal entitled to above mentioned property under family arrangement that had taken place between the petitioner's father Venugopal and his brother Mr.Vasudevan. It is also stated that petitioner and his other family members have been in possession and enjoyment of the subject property. The civil litigation between the petitioner and the respondents 6 and 7 also allegedly ended in favour of the petitioner. However, the patta for the subject property was wrongly issued in the names of respondents 6 and 7 during the pendency of the civil proceedings. Therefore, the petitioner submitted a representation before the 3rd respondent on 12.04.2024 seeking cancellation of the patta issued in the names of respondents 6 and 7. The said representation has not been considered till date. Therefore, the petitioner is before this Court.
4. The learned Special Government Pleader, who is taking notice for the respondents 1 to 5, submits that representation of the petitioner will be considered on its' own merits within a time fixed by this Court. 3/6
5. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue direction to the 3rd respondent to consider the representation of the petitioner dated 12.04.2024 and pass final orders on its' own merits within a period of eight weeks from the date of receipt of copy of this order after issuing necessary notice to the petitioner and the respondents 6 and 7.
6. With the above directions, this writ petition is disposed of. Consequently, the connected miscellaneous petition is closed No costs. 25.09.2024 Index : Yes/No nr 4/6
To
1. The District Collector Collectorate Office, Tambaram.
2. The District Revenue Officer Tambaram, Chennai-600 045.
3. The Revenue Divisional Officer Tambaram, Chennai-600 045.
4. The Tahsildar Taluk Office, Tambaram, Chennai-600 045.
5.The Sub-Registrar Office Selaiyur Tambaram, Chennai-600 073.
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S.SOUNTHAR , J.
nr W.P. No.28099 of 2024 and W.M.P.No.30650 of 2024 25.09.2024 6/6