Madras High CourtWP/14399/2012disposed of

R.Velu, v. The District Collector,

2021-08-06Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.14399 of 2012 1.R.Velu 2.Terrance Rodrico

...Petitioners

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, Chengalpattu, Kancheepuram District

3. A.R.Chakaravarthy

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the second respondent to furnish the D-Form Patta issued in the name of Radhakrishnan in connection with the S.No.16/2 in Karunkuzhipallam Village, Chengalpattu Taluk, Kancheepuram District within a specified time limit.

For Petitioners : No appearance For Respondents For R1 & 2 : Mr.R.Neelakandan, Government Advocate For R3 : Mr.V.Tamizhanban for Mr.K.Elango

ORDER

This Writ Petition is filed to issue a writ of mandamus directing the second respondent to furnish the D-Form Patta issued in the name of Radhakrishnan in connection with the S.No.16/2 in Karunkuzhipallam Village, Chengalpattu Taluk, Kancheepuram District.

2. The case of the petitioners is that they are the absolute owners of the property which is vacant land comprised in survey No.16/2 in No.111, Karunkuzhipallam Village, Alandur Panchayat, Chengalpet Taluk Kancheepuram District admeasuring to an extent of 1 acre 37 cents. The said property was purchased by two sale deeds dated 01.02.2007 vide document Nos.857 of 2007 and 858 of 2008 at the Office of the Sub Registrar, Tiruporur. Thereafter, the patta also transferred in favour of the petitioners in patta No.420. Whereas the father of the third respondent claimed the very same property as if his father was the originally allottee and he was issued D-Form patta. Therefore, the third respondent approached the Tahsildar and lodged complaint.

The said complaint was referred to the second respondent and the second respondent initiated proceedings in Na.Ka.En466/2010/AA dated 10.01.2012. While the petitioners were called upon to attend the enquiry and on the enquiry, the petitioners requested the second respondent to furnish the copy of the D-Form patta issued in the name of the third respondent's father by the Special Tahsildar.

3. The writ petition is pending from the year 2012 and there is no particulars about the present status of the enquiry. However, if the enquiry is still pending, the second respondent is directed to furnish the copy of D-Form patta issued in favour of one, Radhakrishnan pertaining to the property comprised in survey No.16/2 in Karunkuzhipallam Village, Chengalpattu Taluk, Kancheepuram District i.e. the father of the third respondent herein, within a period of four weeks from the date of receipt of copy of this order.

4. With the above direction, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar lok To

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, Chengalpattu, Kancheepuram District +1 CC to The Government Pleader, Sr.No. 39439. WP.No.14399 of 2012 PL(CO) LS(03/09/2021)