Lailathul Bajaria v. The Spl. Tashildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.2134 OF 2022 Mrs.LailathulBajaria ... Petitioner Vs.

1. The Spl. Tashildhar, Alandur Taluk, St.Thomas Mount, Chennai - 16.

2. The Asst. Executive Engineer, Region 12, Greater Chennai Corporation, Alandur, Chennai - 16.

... Respondents PRAYER: The Writ Petition filed under Section 226 of Constitution of India, pleased to issue writ in the nature of Writ of Mandamus directing the first respondent to issue Patta for the land at Door No.2-A, Old No.17/1, Marcose Street, Alandur, Chennai - 16, comprised in ward (H) block (25) S.No.655 measuring an extent of 1560 Sq.ft as per application dated 12.11.2019 and further representation dated 28.01.2022. For Petitioner :

Mr.D.Vijayakumar For R1 :

Mr.T.Chezhiyan Additional Government Pleader For R2 :

Mr.R.Gopinath Standing Counsel for Chennai Corporation

O R D E R

Writ Petition has been filed to direct the first respondent to issue Patta for the land at Door No.2-A, Old No.17/1, Marcose Street, Alandur, Chennai - 16, comprised in ward (H) block (25) S.No.655 measuring an extent of 1560 Sq.ft as per application dated 12.11.2019 and further representation dated 28.01.2022.

2. The case of the petitioner is that the petitioner had purchased a residential property vide registered Sale Deed dated 22.01.2001 and thereafter he approached the 2nd respondent on https://hcservices.ecourts.gov.in/hcservices/

12.11.2019 with all supporting documents and requested to issue patta and for No Objection Certificate. Thereafter the 2nd respondent Office issued No Objection Certificate dated 23.03.2020 and the petitioner has filed the copy of the NOC letter to the 1st respondent and requested to issue patta for his house property vide letter dated 28.01.2022, however till date the patta has not been issued to the petitioner's property. Hence, the petitioner is constrained to approach this Court by filing this petition.

3. The learned counsel appearing for the petitioner submitted that it would suffice if this Court issues direction to the respondents 1 and 2 to consider the petitioner's representations dated 12.11.2019 and 28.01.2022 for issuance of patta and pass orders on the same within a particular time frame fixed by this Court.

4.The learned Additional Government Pleader has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondents 1 and 2 to consider the petitioner's representations dated 12.11.2019 and 28.01.2022 on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar sk To

1. The Spl. Tashildhar, Alandur Taluk, St.Thomas Mount, Chennai - 16.

2. The Asst. Executive Engineer, Region 12, Greater Chennai Corporation, Alandur, Chennai - 16.

+1cc to Mr.R.Gopinath, Advocate, S.R.No.8861 +1cc to Mr.D.Vijayakumar, Advocate, S.R.No.8627 +1cc to the Government Pleader, S.R.No.9246 W.P.No.2134 of 2022 MT(CO) RLP(16/03/2022) https://hcservices.ecourts.gov.in/hcservices/