Madras High CourtWP/35746/2019disposed of

A.Gunasekar v. The Revenue Divisional Officer

2021-08-13Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2021

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN W.P.NO. 35746 OF 2019 A.Gunasekar ..Petitioner Vs 1.The Revenue Divisional Officer, Ambattur Division, Anna Nagar West Extension, Chennai-600040.

2.The Tahsildar, Ambattur Taluk Office, Thiruvallur High Road, Ambattur, Chennai-600053.

3.H.Suresh, S/o. V.Hariharan, No.4/11, "B"Block, Shanthini Flats, Sambasivam Street, Agram, Chennai-600082.

..Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India for writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 02.05.2019 and submit his report before the 1st respondent as per Na.Ka.No.1336/2019/A4/2019 dated 16.08.2019, after giving necessary opportunities to the petitioner, within stipulated time framed by this Hon'ble court.

For Petitioner : Mr.D.Gopinath for A.Vijayasankar For Respondent No.1 & 2 : Mr.K.M.D.Muhilan, GA Respondent No.3 : Mr.S.Giritharan *****

O R D E R

Writ Petition has been filed in the nature of mandamus, seeking direction to the 2nd respondent/Tahsildar, Ambattur to

consider the representation of the petitioner dated 02.05.2019 and submit a report before the 1st respondent/Revenue Divisional Officer, Ambattur as per the directions given by the 1st respondent in Na.Ka. No. 1336/2019/A4/2019, dated 16.08.2019.

2. It is the contention of the petitioner herein that originally, plot nos. 2,3 & 175 were purchased by the petitioner comprised in old survey no. 131/2A, now new survey nos. 96,97 & 98 Oragadam Village, Ambattur Taluk, Tiruvallur District. Plot No. 175 was registered in favour of his wife and other two plots were registered in his name. He also stated that the computarised patta stood in his name and in the name of his wife. It is stated that on 12.01.2019, the 2nd respondent had issued patta in favour of the 3rd respondent herein. This has been questioned by the petitioner herein and thereafter, the 1st respondent appears to have conducted enquiry and finally, directed the 2nd respondent to issue patta once again in the name of the petitioner and in the name of his wife.

3. A mandamus, is therefore directed to the 2nd respondent to consider the representation of the petitioner dated 02.05.2019 and the petitioner herein may produce the court decree in O.S.No. 530 /2000 before the District Munsif Court, Ambattur and also A.S.No. 223/2006 which was filed by the 3rd respondent and which had been dismissed on 31.03.2010 and also the pendency of S.A.Nos. 1473 and 1474/2013. The 2nd respondent may examine all these records, may examine the petitioner, may examine the 3rd respondent and take a considered decision with respect to the said representation and pass necessary orders within a period twelve weeks from the date of receipt of a copy of this order.

4. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ak To 1.The Revenue Divisional Officer, Ambattur Division, Anna Nagar West Extension, Chennai-600040.

2.The Tahsildar, Ambattur Taluk Office, Thiruvallur High Road, Ambattur, Chennai-600053.

+1 cc to M/s.A.Vijayashankar,Advocate Sr.No.40677 +1 cc to M/s.S.Giritharan,Advocate Sr.No.40347 W.P.No. 35746 of 2019 GPL(CO) PM(07/09/2021)