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Madras High CourtWP/29289/2023disposed of

P.A.Mangalam v. The Revenue Divisional Officer

2023-10-10Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN 1.P.A.Mangalam 2.N.A.Seethalakshmi 3.S.Vallirajan 4.P.Kamala 5.P.Radha 6.N.Jayalakshmi 7.P.C.Shanthi 8.P.C.Yogalakshmi 9.P.C.Srinivasan 10.P.N.Thiagarajan [Petitioners 1 to 10 represented by their power agent P.K.Veeramani] ... Petitioners versus 1.The Revenue Divisional Officer, Chennai North, Grihalakshmi Apartment, 472, Thiruvottiyur High Road, Tondiarpet, Chennai - 600 081.

2.The Tahsildar, Purasaiwalkam Taluk, 3, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai - 600 003.

Pg.Nos.1/6

3.M/s.Sujatha Holdings, Represented by its Partner, Siva Prasad, Having Office at No.25E, 16th Cross Street, Besant Nagar, Adyar, Chennai - 600 090.

......Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to (i) complete enquiry in Na.Ka.No.A6/972/2020 dated 06.07.2020 pending on the file of the first respondent within a time frame fixed by this Court, (ii) consequently direct respondents 1 and 2 to cancel the patta reflecting the name of the third respondent.

For Petitioner : Mr.V.Purushothaman For Respondents : Mr.V.Veluchamy Additional Government Pleader for R1 and R2

O R D E R

Mr.V.Veluchamy, learned Additional Government Pleader, takes notice for respondents 1 and 2. By consent of both the parties the writ petition is taken up for final disposal at the admission stage, itself. Pg.Nos.2/6

2. The petitioner has come up with the present writ petition, for a mandamus, directing the first respondent to complete the enquiry in Na.Ka.No.A6/972/2020 dated 06.07.2020 within a stipulated time frame fixed by this Court and consequently, directing respondents 1 and 2 to cancel the patta issued in favour of the third respondent.

3. According to the petitioners, the petitioners submitted an application before the second respondent on 11.03.2020 to cancel the patta issued in favour of M/s.Sujatha Holdings (3rd respondent herein) for the lands comprised in S.Nos.11681 and 11682/1 measuring an extent of 6.5 grounds situated at Plot No.232, Linghi Chetty Street, VOC Nagar, Pursaiwalkam Taluk, Chennai and rectify the same with the actual owners of the said property. On receipt of the same, the second respondent had issued notice of hearing on 15.07.2020 vide its letter dated 06.07.2020. As per the directions, the petitioners submitted all relevant documents before the second respondent. Thereafter, the petitioner did not receive any notice with respect to the proceedings before the second respondent. Hence, the petitioner is before this Court.

Pg.Nos.3/6

4. The learned Additional Government Pleader appearing for respondents 1 and 2 fairly submitted that respondents 1 and 2 may be directed to consider the application dated 11.03.2020 on merits and in accordance with law, within a time frame to be fixed by this Court.

5. In the light of the limited scope of the matter and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs respondents 1 and 2 to dispose of the application dated 11.03.2020, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioners as well as all the necessary parties, within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, the writ petition stands disposed of. However, there shall be no order as to costs. 10.10.2023 Speaking/Non-speaking order Index : Yes/No : Yes/No ms Pg.Nos.4/6

To 1.The Revenue Divisional Officer, Chennai North, Grihalakshmi Apartment, 472, Thiruvottiyur High Road, Tondiarpet, Chennai - 600 081.

2.The Tahsildar, Purasaiwalkam Taluk, 3, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai - 600 003.

Pg.Nos.5/6

P.VELMURUGAN, J.

ms 10.10.2023 (2/2) Pg.Nos.6/6