P.Chandiran v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2021

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.32066 of 2019 and W.M.P.No.32320 of 2019 P.Chandiran .. Petitioner Vs.

1. The Tahsildar Poonamallee,

2. Village Administrative Officer, Parivakkam Village, Poonamallee Taluk,

3. V.Sudha .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from issuing/changing the patta in the name of the 3rd respondent and from effecting mutation in the village Revenue Records in property having an extent of 1180 sq.ft comprised in S.Nos.47/5C, 47/6 (Survey No.47/15B as per present Patta No.3002 of Survey no.47/15 as per previous patta) in Parivakkam Village within the Sub-Registration District of Poonamallee in Tiruvallur Revenue District without conducting enquiry by affording opportunity to the petitioner in accordance with law.

For Petitioner : Mr.Asif Basha for Mr.R.Neelakandan For RR1 to 2 : Mr.K.M.D.Muhilan (Govt.Advocate) For R3 : No appearance

ORDER

The writ petition has been filed seeking a direction against the 1st respondent from effecting mutation in the Revenue records with respect to the property measuring 1108 sq.fts comprised in S.Nos.47/5C, 47/6 in Parivakkam Village, within the Sub-Registration District of Poonamalle, Tiruvallur Revenue District, without conducting enquiry.

2.It is the grievance of the petitioner that the 3rd respondent had married to the petitioner's son and unfortunately the son died an unnatural death and with respect to the same, it appears a complaint had been given, and a sessions trial is in progress.

3.An order of the Tasildhar, Poonamallee, Tiruvallur District, issued in March 2020 has been forwarded to this Court. The Tashildar had very clearly stated that patta cannot be granted in the name of the 3rd respondent, but, if at all an application is made, it can be granted only in the names of the legal heirs of the deceased, Haridoss who is the son of the petitioner. The legal heirs would include the mother of Haridoss and the 3rd respondent and also the two sons of Haridoss. 4.The relief sought by the petitioner in the present Writ Petition is directly satisfied by the said order of the 1st respondent. Nothing further survives in the Writ Petition, and the same is closed. No costs. Consequently, the connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CCC) // True Copy// Sub Assistant Registrar smv To

1. The Tahsildar Poonamallee,

2. Village Administrative Officer, Parivakkam Village, Poonamallee Taluk, +1cc to M/s.G.Balaji, Advocate, S.R.No.38322 W.P.No.32066 of 2019 SSV(CO) SU(24/08/2021)