Hussaina Bee v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.3060 of 2018 1.

Hussaina Bee 2.

Mumtaz .. Petitioners versus 1.

The Collector Chennai District Singaravellar Maligai Balaji Salai, Chennai-600 001.

2.

The Tahsildar Fort-Tondiarpet Taluk Chennai-600 003.

3.

The Village Administrative Officer VAO Tondairpet Chennai-600 003.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent to issue Patta to the petitioners. SCHEDULE OF PROPERTY All piece and parcel of land and building situated at Door No.5/2, Parthasarathy 6th Street, Old Washermenpet, Chennai-600 021, comprised in R.S.No.1970/2016 for an extent of 1080 sq.ft and thereabouts.

For Petitioners : Mr.J.Arul Prakasam For Respondents : Mr.D.Suriyanarayanan Additional Government Pleader

O R D E R

Mr.D.Suriyanarayanan, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/

3. The petitioners seek for mandamus directing the respondents to issue Patta in their favour in respect of the subject matter property, based on their representations dated 13.06.2017 and 18.09.2017.

4. The grievance of the petitioners before this Court is that the said representations have not been considered so far. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners, as it is for the second respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the second respondent to consider the representations of the petitioner dated 13.06.2017 and 18.09.2017 and pass orders on the same on merits and in accordance with law, after hearing rival claimants, if any. Such exercise shall be done by the second respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mk To 1.

The Collector Chennai District Singaravellar Maligai Balaji Salai, Chennai-600 001.

2.

The Tahsildar Fort-Tondiarpet Taluk Chennai-600 003.

3.

The Village Administrative Officer VAO Tondairpet Chennai-600 003.

+3cc to M/s.J.Arul Prakasam, Advocate Sr.No.10898 +1cc to Government Pleader SR.No.11310 GMR(CO) sm:26.2.2018 W.P.No.3060 of 2018 https://hcservices.ecourts.gov.in/hcservices/