V.Balan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH V.Balan S/o.Velu

...Petitioner

Vs.

1.The Tahsildar, Thiruporur - 603 110.

2.The Village Administrative Officer, Thiruporur - 603 110.

3.The Executive Officer, Thiruporur Panchayat Union, Chengalpattu District.

4.V.Murugesan S/o.Velu 5.T.V.Elumalai S/o.Velu 6.V.Veerabhathiran S/o.Velur ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to dispose the representation dated 17.11.2023 pending on the file of respondents 1 to 3 in accordance with law.

For Petitioner : Mr.A.Karthikeyan For Respondents : Mr.P.Sathish, Additional Government Pleader [R1 & R2] Mr.M.Venkateswaran Special Government Pleader [R3] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 1 to 3 to consider the representation made by the petitioner on 17.11.2023 wherein the petitioner is opposing transfer of patta that is attempted to be made based on the forged and fabricated settlement deed dated 08.10.2009.

2. Heard Mr.A.Karthikeyan, learned counsel for petitioner, Mr.P.Sathish, learned Additional Government Pleader appearing for respondents 1 and 2 and Mr.M.Venkateswaran, learned Special Government Pleader appearing for third respondent.

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3. The specific case of the petitioner is that the brother of the petitioner impersonated the petitioner and also forged the signature and managed to execute a settlement deed dated 08.10.2009. Based on the same, an attempt was made to transfer the patta. Hence, the petitioner made a representation in this regard on 17.11.2023. Since the same was not considered, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and considering the grievance expressed by the petitioner, there shall be a direction to the first respondent to deal with the representation/objection given by the petitioner as and when any application is made seeking for transfer of patta with respect to the subject property. The petitioner shall be heard and shall be given an opportunity before a final decision is taken by the first respondent. This writ petition is disposed of with the above direction. No costs. 20.02.2025 Index : Yes/No Speaking Order / Non Speaking Order gm 3/4

N. ANAND VENKATESH, J gm To 1.The Tahsildar, Thiruporur - 603 110.

2.The Village Administrative Officer, Thiruporur - 603 110.

3.The Executive Officer, Thiruporur Panchayat Union, Chengalpattu District.

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