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Madras High CourtWP/3984/2023disposed of

Dillibabu v. The Revenue Divisional Officer

2023-02-10Honourable Mr Justice R. Suresh Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Dillibabu ..

Petitioner vs

1. The Revenue Divisional Officer Ponneri Division Thiruvallur District.

2. The Tahsildar Ponneri Taluk Thiruvallur District.

..

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent herein to issue patta to the petitioner for the property situated Plot No.49, measuring an extent of 170 Sq.mt., (830 Sq.Ft.) CMDA in the approved layout vide No. P.P.D/L.O.No.26/2010 and annexed hereto comprised in Old Survey No.8/2 in New Survey No.155/2 part, and Old Survey No.9 in New Survey No.156/2A, per patta No.3311, in New Survey No.155/2B1, 156/2A, situated at Pandiyanallur Village, Ponneri Taluk, Tiruvallur District.

For Petitioner :

Ms.M.Kokila For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader 1/5

ORDER

The prayer sought for herein is for a writ of Mandamus, directing the second respondent herein to issue patta to the petitioner for the property situated in Plot No.49, measuring to an extent of 170 Sq.mt., (830 Sq.ft.), CMDA approved layout vide No. P.P.D/L.O.No.26/2010 and annexed hereto comprised in Old Survey No.8/2 in New Survey No.155/2 part, and Old Survey No.9 in New Survey No.156/2A, per patta No.3311, in New Survey No.155/2B1, 156/2A, situated at Pandiyanallur Village, Ponneri Taluk, Tiruvallur District.

2. In respect of the property situated in Plot No.49, it is the claim of the petitioner that the property belongs to the petitioner and therefore, in order to get sub division patta, the petitioner has given application on 26.11.2022 to the second respondent / Tahsildar and in order to consider the same and pass orders thereon, he has moved the present writ petition with the aforestated prayer.

3. Heard Ms.M.Kokila, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents.

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4. Mr.Yogesh Kannadasan, learned Special Government Pleader would submit that the said application, submitted by the petitioner, would be considered and decided, on merits and in accordance with law, by the second respondent within a time frame that may be stipulated by this Court.

5. Considering the said submission made by the learned Special Government Pleader, this Court is inclined to dispose of the writ petition with the following orders:

There shall be a direction to the second respondent to consider the application of the petitioner dated 26.11.2022 and pass orders thereon, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition is disposed of. There will be no order as to costs.

Index: Yes/No 10.02.2023 drm 3/5

To

1. The District Collector District Collector Office, Thiruvalluvar District.

2. The Tahsildar Aavadi Taluk Office, Chennai District.

3. The special Tahsildar Land Survey (Land Tax Plan) Avadi, Chennai - 600 054.

4. The District Revenue Officer Thirumullaivoyal Avadi, Chennai District.

5. The Village Administrative Officer Thirumullaivoyal Avadi, Chennai District.

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R. SURESH KUMAR, J.

(drm) 10.02.2023 5/5