Madras High CourtWP/4537/2025disposed of

D.Gunasekar v. The Revenue Divisional Officer

2025-03-28Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH D.Gunasekar S/o.Durai ... petitioner Vs

1. The Revenue Divisional Officer Central Chennai Revenue Division Gandhi Nagar, Anna Nagar West Extension Chennai-600 040.

2. The Thasildar Ambattur Taluk Office, Ambattur, Chennai-600 053.

3. The Deputy Inspector of Survey Ambattur Taluk Office Ambattur, Chennai-600 053.

4. The Revenue Inspector Korattur, Chennai-600 080.

5. The Village Administrative Officer Korattur, Chennai-600 080.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the 1st respondent to conduct the adjudicating proceedings regards the 1/6

representations made by the petitioner on 30.09.2024 to delete the wrong entry as Industrial Estate, Ambattur and register my name D.Gunasekar in the Chitta, Adangal, A Extract and other revenue records of the alleged patta property in Chennai District, Ambattur Taluk, Ward-07, Korattur Village, Ward-E, Block No.61, Survey No.36, measuring an extent of 225.0 square meter of land.

For Petitioner :

Mr.K.Yuvaraj For Respondents :

Mr.A.Selvendran Special Government Pleader for R1 to R4 *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to consider the representation made by the petitioner on 30.09.2024 and to delete the wrong entry made in the revenue records and to issue patta in the name of the petitioner.

2. Heard Mr.K.Yuvaraj, learned counsel for the petitioner and Mr.A.Selvendran, learned Special Government Pleader for the respondents.

3. The petitioner herein filed earlier writ petition in W.P.No.3911 of 2024 with a similar prayer. The said writ petition was disposed of by an order dated 20.02.2024 and the relevant portion is 2/6

extracted hereunder:

'5. Since this writ petition is filed for Mandamus simpliciter, to direct the respondents to consider the representations of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the first respondent to consider the representations of the petitioner dated 21.03.2023 and 07.06.2023, after giving notice to the petitioner as well as rival claimants/interested parties/objectors if any, as the case may be, conduct enquiry in the manner known to law, and pass appropriate orders on merits and in accordance with law. If the first respondent has no authority to consider the representations of the petitioner, he has to refer the representations given by the petitioner to the competent authority, who shall pass orders on merits and in accordance with law. All such exercise shall be completed within a period three months from the date of receipt of a copy of this order.'

4. Since the earlier directions were not acted upon, the present writ petition has been filed before this Court.

5. When the matter came up for hearing on 14.02.2025, this Court passed the following order:

'Mr.A.Selvendran, learned Special Government Pleader, takes notice on behalf of the respondents.

2. It is seen from records that the petitioner had 3/6

earlier filed W.P.No.3911 of 2024 seeking for a similar relief and the said writ petition was disposed of by order dated 20.02.2024 by issuing directions to pass appropriate orders within a period of three (3) months. In view of the same, learned Special Government Pleader shall take instructions and report before this Court.

Post this writ petition at the end of the motion list on 28.03.2025.'

6. When the matter was taken up for hearing today, the learned Special Government Pleader, on instructions submitted that the petitioner is relying upon a settlement deed dated 23.10.2019 and whereas in the settlement deed, there is a reference to the sale deed dated 08.06.1990 registered as Document No.3190 of 1990. He further submitted that if the petitioner produces the sale deed dated 08.06.1990, necessary orders will be passed by the first respondent.

7. The learned counsel for the petitioner submitted that the sale deed is available with the petitioner and it will be produced before the first respondent.

8. Considering the above submission, the petitioner shall produce the sale deed dated 08.06.1990 before the first respondent and the first respondent shall pass necessary orders within a period of four weeks from today.

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The Writ Petition is disposed of in the above terms. There shall be no order as to costs.

28.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk To