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Madras High CourtWP/4159/2025disposed of

K.Mohan v. The District Collector

2025-02-13Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4159 of 2025 K.Mohan ..Petitioner Vs.

1. The District Collector, District Collector office,VOC Nagar, Chengalpattu, Ammanambakkam, Chengalpattu - 603 001 Tamil Nadu

2. The Revenue Divisional officer, W4PG+4QH, Revenue Divisional Office, Kadaperi, Tambaram Chennai - 600 045

3. The Tahsildar, X525+F6C, Pallavaram Taluk Office, Kanni Koil Street, Aishwarya Nagar, Phase II, Kurinju Nagar, Chrompet, Chennai - 600 044, Tamil Nadu

4. The Deputy Tahsildar, X525+F6C, Pallavaram Taluk Office, Kanni Koil Street, Aishwarya Nagar, Phase II, Kurinju Nagar, Chrompet, Chennai - 600 044, Tamil Nadu

5. The Village Administrative Officer, 1/6

Moovarasampet Village Office, MMTC Colony, Nanganallur, Chennai 600 061

6. The Village Administrative Officer, No.107, 207 MKN Road, Ramapuram, Mela Ilandaikulam, Alandur, Chennai - 600 016

7. The Temporary Dharmakartha, Periya Polayatha Amman Kovil, Rajapalayam Road, St. Thomas Mount, Chennai 600 016 ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to consider the petitioner representation dated 22.07.2024.

For Petitioner : Kanimozhi Mathi For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 to R6

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the official respondents to cancel the patta that stands in the name of the 7th respondent to an extent of 580 Sq.ft. In the subject property.

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2.

Heard Mr.R.T.I.Chandar, learned counsel for the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader for Respondents 1 to 4.

3.

The specific case of the petitioner is that the subject property was originally an extent of 2069 Sq.ft. which stood in the name of O.P.Venkatasami. That apart, Survey No.293 measuring an extent of 819 Sq.ft. Stood in the name of Ragavadu. The said O.P.Venkatasami sold the property at Survey No.288 to an extent of 1079 Sq.ft. to some third party and he retained the balance of 990 Sq.ft. which was sold in favour of P.Ragavadu by a registered sale deed dated 11.01.1937. It is this document which is relied upon by the petitioner to trace the title.

4.

The grievance of the petitioner is that the 7th respondent was given permission to have a temple in the property and taking advantage of the same, he managed to get a patta for an extent of 580 Sq.ft. In the name of the temple. Aggrieved by the same, the petitioner made a representation seeking for cancellation of the patta standing in the name of the 7th respondent. Since the same has not 3/6

been acted upon, the present writ petition has been filed before this court.

5.

Taking into consideration the facts and circumstances of the case and without going into the merits of the case and considering the materials placed before this Court, there shall be a direction to the 2nd respondent to deal with the representation made by the petitioner on 22.07.2024 after affording opportunity to the 7th respondent and pass final orders within a period of eight weeks from the date of receipt of a copy of this order.

6.

This writ petition is disposed of with the above directions. No costs.

13.02.2025 Index : Yes/No Internet : Yes/No Speaking Order / Non Speaking Order rka To

1. The District Collector, District Collector office,VOC Nagar, Chengalpattu, Ammanambakkam, Chengalpattu - 603 001 Tamil Nadu 4/6

2. The Revenue Divisional officer, W4PG+4QH, Revenue Divisional Office, Kadaperi, Tambaram Chennai - 600 045

3. The Tahsildar, X525+F6C, Pallavaram Taluk Office, Kanni Koil Street, Aishwarya Nagar, Phase II, Kurinju Nagar, Chrompet, Chennai - 600 044, Tamil Nadu

4. The Deputy Tahsildar, X525+F6C, Pallavaram Taluk Office, Kanni Koil Street, Aishwarya Nagar, Phase II, Kurinju Nagar, Chrompet, Chennai - 600 044, Tamil Nadu

5. The Village Administrative Officer, Moovarasampet Village Office, MMTC Colony, Nanganallur, Chennai 600 061

6. The Village Administrative Officer, No.107, 207 MKN Road, Ramapuram, Mela Ilandaikulam, Alandur, Chennai - 600 016

7. The Temporary Dharmakartha, Periya Polayatha Amman Kovil, Rajapalayam Road, St. Thomas Mount, Chennai 600 016 N. ANAND VENKATESH, J.

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