Madras High CourtWP/5004/2024dismissed

V.Kuppusamy v. Government Of Tamil Nadu

2024-04-02Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR V.Kuppusamy .. Petitioner

Versus

1.Government of Tamil Nadu Represented by its Secretary Public (Special-A) Department Fort St.George, Chennai - 600 009 2.The Commissioner of Land Administration Chepauk, Chennai - 600 005 3.The District Collector Tiruvannamalai District Tiruvannamalai 4.Sundaresan .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to pass orders of the petitioner's representation and submit a factual report on the petitioner's representation to the 1st respondent in compliance with the proceedings of the 1st respondent in Letter No.1483/2020-7 dated 03.11.2022 and Letter No.1483/2020-8 dated 03.05.2023 and Letter No.1483/2020-9 dated 28.06.2023 within a time frame to be fixed by this Court. For Petitioner : Mr.Sai Sirujan Tayi For Respondent : Mr.U.Baranidaran Additional Government Pleader 1/4

ORDER

This writ petition is filed for a direction to the second respondent to pass orders of the petitioner's representation and submit a factual report on the petitioner's representation to the 1st respondent in compliance with the proceedings of the 1st respondent in Letter No.1483/2020-7 dated 03.11.2022 and Letter No.1483/2020-8 dated 03.05.2023 and Letter No.1483/2020-9 dated 28.06.2023 within a time frame to be fixed by this Court.

2. It is the grievance of the writ petitioner that when he was minor, the petitioner's father dealt with the property in the year 1993. The name of the father in the patta has been unilaterally removed on 03.08.2018 and the fourth respondent's name is included in the patta. Hence, in this regard, he has given a representation and seeks direction.

3. The counter is filed stating that the fourth respondent is in possession of the property. Be that as it may, the grievance appears to be with regard to the sale of minor's share in the ancestral property. The sale is said to have been taken place in the years 1993 and 1994. The same ought to have challenged within a period of three years, i.e., when the minor attained the age of majority. The petitioner, admittedly, now is aged about 47 years as per his own affidavit.

4. Such view of the matter, his claim is extinguished and barred under 2/4

law.

5. Accordingly, this writ petition stands dismissed. No costs. 02.04.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To, 1.The Secretary Government of Tamil Nadu Public (Special-A) Department Fort St.George, Chennai - 600 009 2.The Commissioner of Land Administration Chepauk, Chennai - 600 005 3.The District Collector Tiruvannamalai District Tiruvannamalai N. SATHISH KUMAR , J.

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