Badurunnissa v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.4847 OF 2022 Mrs.Badurunnissa ... Petitioner Vs.

1. The District Collector, Thiruvallur District, Thiruvallur - 602 001.

2. The Revenue Divisional Officer, Thiruvallur District, Thiruvallur-602 001.

3. The Tahsildar, Poonamallee Taluk, Poonamallee, Thiruvallur District-600 056.

... Respondents PRAYER:

The Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of writ directing the respondents to issue Computerized Patta in respect of the Vacant House Site bearing Plot No.649-II in the Layout 'Ideal Home Colony' (Layout approved by D.T.C.P. vide Approval No.1190/94), measuring an extent of 1000 Sq.feet, comprised in Survey Nos.266/3A1 and 267/1A1 of Koodappakkam village, Poonamallee Taluk, Thiruvallur District, according to law after incorporating the deleted Survey No.267/1A1 [0.30.5 Hec.] of Koodapakkam Village for the above vacant house site into the Computer Server.

For Petitioner : Mr.P.L.Thulasidass For Respondents : Mr.A.Anandan Government Advocate

O R D E R

Writ Petition has been filed to direct the respondents to issue Computerized Patta in respect of the Vacant House Site bearing Plot No.649-II in the Layout 'Ideal Home Colony' (Layout approved by D.T.C.P. vide Approval No.1190/94), measuring an extent of 1000 Sq.feet, comprised in Survey Nos.266/3A1 and 267/1A1 of Koodappakkam village, Poonamallee Taluk, Thiruvallur District, according to law after incorporating the deleted Survey No.267/1A1 [0.30.5 Hec.] of Koodapakkam Village for the above vacant house site into the Computer Server.

2. Mr.A.Anandan, learned Government Advocate takes notice for the respondents.

3. The case of the petitioner is that the petitioner is the owner of the property and had purchased the property vide Document No.11463 of 2011 on 10.11.2011 in respect of Survey Nos. 266/3A1 and 267/1A1 to an extent of 1000 Sq.ft. Thereafter, the petitioner made a representation for issuance of Patta on 17.03.2017. Thereby, the Revenue Officials found that a portion of land coming under Survey No.267/1A1 of Koodapakkam Village stands in the name of one Govindasamy/erstwhile owner under Patta No.14, which is not found in the Revenue Office Computer Server, hence Revenue Officials stated that they are unable to issue patta for the said plot of land. Therefore, the petitioner made a representation on 25.01.2020 to the 2nd respondent to incorporate the Survey No.267/1A1, stands in the name of the erstwhile owner under Patta No.14 into their Computer Server and issue computerized Patta in respect of the petitioner name. However, till date, no action has been taken by the respondents. Hence, the present petition has been filed seeking the aforesaid relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents to consider the petitioner's representation dated 25.01.2020 to issue computerized Patta and dispose of the same in accordance with law within a particular time frame fixed by this Court.

5. The learned Government Advocate appearing for the respondents has no objection to the said order being passed.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondents to consider the petitioner's representations dated 25.01.2020, and pass appropriate orders, on the same in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rgi/nhs To

1. The District Collector, Thiruvallur District, Thiruvallur 602 001.

2. The Revenue Divisional Officer, Thiruvallur District, Thiruvallur 602 001.

3. The Tahsildar, Poonamallee Taluk, Poonamallee, Thiruvallur District 600 056.

+1cc to Mr.S.Velavan, Advocate, S.R.No.15321 +1cc to the Special Government Pleader, S.R.No.15531 W.P.No.4847 of 2022 SK(CO) PM/28/03/2022