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2022 Supreme(Online)(MAD) 12985

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.07.2022 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.18373 of 2022 M.Vasantha ...Petitioner Vs.

1.The Tahsildar, Ponneri Taluk Office, Ponneri, Tiruvallur District.

2.K.S.Sasikala

3.K.Geetha

4.K.Venkatesan @ K.Suresh Kumar ...Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to cancel the Patta vide Patta No.668 issued in favour of the respondents 2 to 4 and Re-Issue a Fresh Patta to the petitioner with regard to the petitioner property in Survey No.4 to an extent of 3 acres at Athivakkam Village and after considering the petitioner's representation dated 28.01.2020 within a reasonable time by this Hon'ble Court.

For Petitioner : Mr.D.S.Suresh For Respondent : Mr.Akila Rajendran Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the 1st respondent to cancel the Patta vide Patta No.668 issued in favour of the respondents 2 to 4 and Re-Issue a Fresh Patta to the petitioner with regard to the petitioner property in Survey No.4 to an extent of 3 acres at Athivakkam Village and after considering the petitioner's representation dated 28.01.2020 within a reasonable time by this Court.

2. The learned Government Advocate takes notice for the official respondents. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.

3. Since, no adverse order is being passed as against the private respondents, notice to the private respondents is dispensed with.

4. The case of the petitioner is that the petitioner's mother one Neelambal owned a property in Survey No.4 at Athivakkam Village to an extent of 4.83 acres. The petitioner's mother executed two settlement deeds to an extent of 3 acres in favour of the petitioner and 1.13 acres in favour of petitioner's brother vide Document Nos.5303 and 5302 of 1981, on the file of Sub Registrar, Ambattur. The petitioner's mother retained the balance 70 Cents for herself. Thereafter, the petitioner and his brother were in enjoyment and in possession of the property. After, the death of petitioner's brother his legal hiers suppressed the material fact and obtained a Patta for entire extent of property in their name. Aggrieved by the same, the petitioner made a representation to the 1st respondent on 28.01.2020. However, till date no orders have been passed. Hence, this writ petition is filed with the aforesaid prayer.

5. The learned counsel for the petitioner submits that it would suffice, if this Court issues direction to the 1st respondent to consider the petitioner's representation dated 28.01.2020 and pass appropriate orders within a time frame stipulated by this Court.

6. Considering the limited request made by the petitioner, this Court is inclined to direct the 1st respondent to consider the petitioner's representation dated 28.01.2020 and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after providing an opportunity of hearing to the private respondents and to the aggrieved parties, if any.

7. Accordingly, this writ petition is disposed of. No costs.

19.07.2022 Speaking Order : Yes/ No Index : Yes/ No Psa To The Tahsildar, Ponneri Taluk Office, Ponneri, Tiruvallur District.

M.DHANDAPANI,J.

Psa

19.07.2022

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