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Madras High CourtWP/31477/2024disposed of

S.Gopikannan v. The Tahsildar

2024-10-25Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.Gopikannan ... Petitioner Vs.

1.The Tahsildar Gummidipoondi Taluk Office, Gummidipoondi-601 204, Tiruvallur District.

2.M.Sivakumar 3.Sarala 4.S.Prabhakaran 5.Mariammal 6.Gunasundari 7.Tamizhselvi 8.S.Bhaskaran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st Respondent to consider the 1/6

representation of the petitioner dated 09.08.2024 positively and to carryout and rectify the mistake in respect of his property bearing patta No.7775 comprised in Survey No.256/2A2C, measuring to an extent of 0.12.00 hectare situated at Pedhikuppam Village, Gummidipoondi Taluk, Thiruvallur District and restore the patta of the said property in the name of the petitioner. For Petitioners : Mr.R.Munuswamy For Respondents : Mr.D.Gopal Government Advocate (for R1)

ORDER

The petitioner herein seeks a direction to the 1st Respondent to consider his representation dated 09.08.2024 and rectify the mistake in the revenue records namely patta with regard to the extent in respect of Survey No.256/2A2C measuring 0.12.00 hectare situated in Pedhikuppam Village, Gummidipoondi Taluk, Tiruvallur District.

2. It is the case of the petitioner that he purchased 0.34 cents of land in the above mentioned Survey number and registered sale deed dated 10.10.2005. Thereafter, patta was issued in the name of the petitioner in patta No.7775 with an extent of 0.12.00 hectare. Subsequently, there was a civil dispute between the petitioner and Respondents 2 to 8. A Civil Suit was filed by the petitioner in 2/6

O.S.No.89 of 2007 before the District Munsif Court, Ponneri and the said Suit was dismissed. Thereafter, the petitioner filed an appeal before the Additional Sub-Court, Ponneri in A.S.No.32 of 2006, the same is pending. In the meantime, the Respondents wrongly reduced the extent of the property in the revenue records by carving out portion of the property from the property purchased by the petitioner and alloted the same in favour of the private Respondents. Therefore, the petitioner submitted a representation on 09.08.2024 seeking rectification of the patta issued in the name of the petitioner with regard to the extent of land, the same has not been considered. Hence, the petitioner has come before this Court.

3. The learned Government Advocate who takes notice for the 1st Respondent would submit that the representation of the petitioner will be considered on its own merits within the time fixed by this Court.

4. In view of the same without going into the merits of the claim made by the petitioner, the 1st Respondent is directed to consider the representation of the petitioner dated 09.08.2024 and pass final orders on its own merits within a period of 12 weeks from the date of receipt of a copy of this order by issuing necessary notice to the private Respondents 2 to 8. 3/6

5. Accordingly, the writ petition is disposed of. No costs. 25.10.2024 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

To:

The Tahsildar, Gummidipoondi Taluk Office, Gummidipoondi-601 204, Tiruvallur District.

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S.SOUNTHAR, J.

mka 25.10.2024 6/6