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Madras High CourtWP/34164/2024allowed

Padma v. The Tahsildar

2024-11-22Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Padma ... Petitioner Vs.

1.The Tahsildar Office Of The Tahsildar, Walajapet Taluk, Ranipet District-632 513.

2.L.Radakrishnan 3.Jaishankar

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the 1st respondent to dispose the representation dated 19.09.2024 pending on the file of the 1st respondent in accordance with law.

For Petitioner : M/s.M.Jaikumar For Respondents : M/s.G.Velu, AGP for R.1.

O R D E R

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The Writ Petition is filed to direct the 1st respondent to dispose the representation dated 19.09.2024 pending on the file of the 1st respondent.

2. The petitioner would submit that her brothers, namely, Radhakrishanan and Jaishankar who are the respondents 2 and 3 herein have fraudulently obtained patta in respect of the ancestral properties in their exclusive name under patta no.336 and 382 in respect of the subject properties.

3. On 19.09.2024, the petitioner had sent a representation to the 1st respondent to cancel the said patta and to include the names of all the legal heirs in the said patta. Despite, receiving the same, the 1st respondent has not proceeded to consider the said representation. It is also the grievance of the petitioner that respondents 3 and 4 are attempting toe sale the subject property. Therefore, the petitioners are before this Court.

4. Heard the counsels on either side and perused the records.

5. Having considered the records and the statement made in the affidavit and the arguments of the respective counsel, it is seen that the petitioner has submitted a representation dated 19.09.2024 to the 1st 2/4

respondent to cancel the patta issue in favour of the respondents 2 and 3 which representation is yet to be disposed of. Therefore, considering the above facts, the Writ Petition is allowed. A mandamus is issued to the 1st respondent to consider the petitioner's representation dated 19.09.2024, after issuing notice to all the interest parties and pattadars, hearing their objections and thereafter pass orders. In case of a rejection a speaking order shall be passed. The said exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this Order. 22.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Tahsildar Office Of The Tahsildar, Walajapet Taluk, Ranipet District-632 513.

P.T. ASHA . J., 3/4

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