S.Ranjankumar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR S.Ranjankumar ... Petitioner Vs 1.The Tahsildar, Krishnagiri, Krishnagiri District.

2.The Revenue Divisional Officer, Krishnagiri, Krishnagiri District.

3.V.Ambaresh Vengoparao ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to consider the representation letter dated 11.10.2021 to cancel the Patta No.2560 issued to the 3rd respondent and pass orders. For Petitioner : Mr.P.Yasvanth Rao For Respondents : Mr.Yogesh Kannadasan Spl. Govt. Pleader for R1 & R2

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the 2nd respondent to consider the representation of the petitioner dated 11.10.2021 to cancel the Patta No.2560 issued in favour of the 3rd respondent.

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2. In respect of property at Survey No.656/11 situated at Billanakuppam Village, Samanthamalai Post, Guruparapalli, Krishnagiri Taluk & District, it is the claim of the petitioner that, the property is a joint property of the petitioner and other legal heirs of the original owners. However, the 3rd respondent, according to the petitioner, has created some fraudulent document, based on which, he was able to get patta in Patta No.2560 on 26.07.2021.

3. In order to cancel the patta issued in the name of the 3rd respondent, the petitioner has given an appeal by way of representation dated 11.10.2021 to the 2nd respondent to consider the same and to pass orders on merits within a time, the petitioner has filed the present writ petition.

4. Heard Mr.P.Yasvanth Rao, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents 1 and 2. In view of the order going to be passed in this writ petition, notice to the 3rd respondent is dispensed with. 2/4

5. The learned Special Government Pleader would submit that, the said appeal filed by the petitioner before the 2nd respondent would be considered and decided on merits and in accordance with law within a time frame that may be stipulated by this Court.

6. Considering the said stand taken by the learned Special Government Pleader for the official respondents, this Court is inclined to dispose of this writ petition with the following orders: There shall be a direction to the 2nd respondent to consider the appeal by way of representation submitted by the petitioner dated 11.10.2021 and pass orders thereon on merits and in accordance with law, of course after hearing both the petitioner as well as the 3rd respondent, within a period of eight weeks from the date of receipt of a copy of this order.

7. With this direction, this Writ Petition is disposed of. No costs. 19.01.2023 Index : Yes/No Speaking Order : Yes/No Sgl 3/4

R.SURESH KUMAR, J.

Sgl To 1.The Tahsildar, Krishnagiri, Krishnagiri District.

2.The Revenue Divisional Officer, Krishnagiri, Krishnagiri District.

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