S.Subbarayadu v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.10.2023
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN W.P.No.29164 of 2023 S.Subbarayadu ... Petitioner Vs.
1. The Revenue Divisional Officer, South Chennai, Anna Salai, Guindy, Chennai - 600 032.
2. The Tahsildar, Alandur Taluk, St.Thomas Mount, 14 Chennai - Nagapattinam Hwy, Alandur, Chennai, Tamil Nadu 600 061.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other Writ for direction in the nature of Mandamus, directing the respondents to consider representation dated 02.09.2023 made by the petitioner for cancellation of Patta No.3998 and subsequent Patta No.4207 in respect of the property bearing
Plot No.2 measuring an extent of 3474 sq.ft in layout called Madha nagar extension-IV comprised in Survey No.128/2B, as per Patta Survey No.128/2B2 situated at Madhanandapuram village, presently Alandur Taluk, Kancheepuram District.
For Petitioner : Mr.E.Hariharan For Respondents : Mr.P.Gurunathan Additional Government Pleader
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents, to consider petitioner representation dated 02.09.2023 for cancellation of Patta No.3998 and subsequent Patta No.4207 in respect of the property bearing Plot No.2 measuring an extent of 3474 sq.ft in layout called Madha nagar extension-IV comprised in Survey No.128/2B, as per Patta Survey No.128/2B2 situated at Madhanandapuram village, presently Alandur Taluk, Kancheepuram District.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.
3. On perusal of the impugned order, it is found that there is a rival claimant. While challenging the impugned order, the petitioner has not impleaded the rival claimant. Behind back of the rival claimant, no fruitful order can be passed.
4. In view of the same, this Writ Petition is dismissed at the admission stage itself. There shall be no order as to costs. However, the petitioner is at liberty to make a fresh representation before the respondents by impleading all the rival claimants. 09.10.2023 mfa Index:Yes/No Speaking Order: Yes/No
To
1. The Revenue Divisional Officer, South Chennai, Anna Salai, Guindy, Chennai - 600 032.
2. The Tahsildar, Alandur Taluk, St.Thomas Mount, 14 Chennai - Nagapattinam Hwy, Alandur, Chennai, Tamil Nadu 600 061.
P.VELMURUGAN, J.
mfa W.P.No.29164 of 2023 09.10.2023