Dr.M.Kalyanasundaram v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH WP No.979 of 2020 Dr.Kalyanasundaram ....Petitioner -Vs1. The District Collector, Collectorate, Coimbatore - 641 108

2. The Tahsildar, Coimbatore North, Coimbatore - 641 018 ... Respondents Prayer: This writ petition has been filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 29.11.2019 and grant patta for the property comprised in S.No.14/2, measuring an extent of 5.04 cents at Veerakeralam Village, Coimbatore Taluk and District.

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For Petitioner : Mr.A.Manojkumar For Respondent : Mr.Annai Ezhil Government Advocate for R1&R2 Mrs.R.Gowri, for TNHB

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to consider the representation made by the petitioner on 29.11.2019 and to grant patta for the property belonging to the petitioner.

2.

When the matter came up for hearing during the previous occasion, it was brought to the notice of this Court that the property in question has already been acquired and handed over to the Tamil Nadu Housing Board.

3.

When the matter was taken up for hearing, the learned counsel appearing for the Tamil Nadu Housing Board submitted that the property in Survey No.14/2 was a subject matter of land acquisition and 2/5

it was handed over to the Tamil Nadu Housing Board by means of a possession certificate dated 27.09.1988. The learned counsel submitted that the Housing Board is in possession of the property and as such, the petitioner cannot claim for a patta for the said property. 4.

The learned Government Advocate appearing on behalf of the respondents submitted that the petitioner is not entitled for a patta, the property is question has already been acquired and handed over to the Tamil Nadu Housing Board as early as in the year 1988. 5.

In view of the above, this Court finds that the petitioner does not have any right to claim for patta, since the property in question has already vested with the Tamil Nadu Housing Board. 6.

In the result, this writ petition is dismissed. No costs. 18.03.2020 rka 3/5

To

1. The District Collector, Collectorate, Coimbatore - 641 108

2. The Tahsildar, Coimbatore North, Coimbatore - 641 018 4/5

N.ANAND VENKATESH.,J rka WP No.979 of 2020 13.03.2020 5/5