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Madras High CourtWP/40951/2016dismissed

M.Anjalai v. Thasildar

2017-05-19Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.05.2017

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.P.No.40951 of 2016 M.Anjalai ... Petitioner Vs.

1. Thasildar, Cheyyur Taluk Office, Cheyyur, Kancheepuram District.

2. Village Administrative Officer, Vellangondagaram Village Cheyyur, Kancheepuram District.

3. Thiru.K.Nasarath alias K.Nasarathu

4. Thiru.M.Ganesh

5. Thiru.A.Sundar ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to take action under due process of law and pass orders on the representation dated 22.4.2016 of the petitioner within a period to be specified by this Hon'ble Court.

For Petitioner : Mr.R.Manoharan For Respondents : Mr.P.Sanjay Gandhi for R1 and R2 Additional Government Pleader R4 - No Appearance R3 - Want of time R5 - No such person

O R D E R

The petitioner seeks issuance of mandamus for consideration of his representation dated 22.04.2016.

2.The sum and substance of the representation is that the neighbouring owner one Nazarath had fraudulently executed a power of attorney in favour of one Ganesh and the said Ganesh using the said power of attorney had sold the property belonging to the petitioner to one Sundar, through a sale deed dated 20.02.2008. The petitioner further claims that the Thasildar has issued a patta without verifying the Title Deeds and seeks modification of the entries.

3.The petitioner has to apply under Section 10 of the Tamil Nadu Patta Pass Book Act, if she wants modification in the patta passbook. If the petitioner wants an enquiry into the alleged fraudulent registration of the power of attorney, it is open to the petitioner to approach the District Registrar as per G.O.Ms.No.67. Hence, the prayer as sought for by the petitioner cannot be granted.

4.This writ petition is dismissed, leaving it open to the petitioner to approach the appropriate authority, either under Section 10 of the Tamil Nadu Patta Pass Book Act or under G.O.Ms.No.67. No costs.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar pri To

1. The Thasildar, Cheyyur Taluk Office, Cheyyur, Kancheepuram District.

2. The Village Administrative Officer, Vellangondagaram Village Cheyyur, Kancheepuram District.

+1cc to M/S.R. Manoharan, Advocate Sr. 37738 W.P.No.40951 of 2016 NRII(CO) VR(05/06/2017)