Madras High CourtWP/14197/2016disposed of

Mr. R. Ramalingam v. The Secretary To Government

2022-02-08Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.14197 OF 2016 Mr.R.Ramalingam ... Petitioner Vs.

1. The Secretary to Government, Department of Housing and Urban Development, Fort St.George, Chennai 09.

2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

3. The District Collector, Coimbatore District.

4. The Tahsildar, Kalapatti Village, Coimbatore.

5. The Inspector General of Registration, Santhome High Road, Santhome, Mylapore, Chennai 600 028.

6. The Commissioner, Coimbatore Corporation, Coimbatore.

7. The Commissioner of Police, Coimbatore District.

8. A.Vellingiri

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 4th Respondent to grant patta to the petitioners property Plot No.C-D Situated at Kalapatti Village, Coimbatore Taluk comprised in S.No.311/1 2 (Part) within the Sub Registration District of Gandhipuram and Registration District of Coimbatore measuring an extent of 1 Ground.

For Petitioner :

Mr.S.Thiruvengadam For RR1, RR3, RR4 :

Mr.G.Nanmaran Special Government Pleader For RR6 :

Mr.K.Magesh

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the 4th Respondent to grant patta to the petitioners property Plot No.C-D Situated at Kalapatti Village, Coimbatore Taluk , comprised in S.No.311/1 2 (Part), within the Sub Registration District of Gandhipuram and Registration District of Coimbatore measuring an extent of 1 Ground.

2. The case of the petitioner is that the petitioner had purchased the property measuring an extent of one ground in Plot NO.C-D at Kalapatti Village, Coimbatore Taluk, comprised in S.F.No.311/1,2(Part) within the Sub Registration District of Gandhipuram and Registration District of Coimbatore from the 8th respondent by way of Sale Deed dated 31.05.2004. Subsequent to the purchase, the petitioner applied for the patta, however much to the shock and surprise, the Assistant Commissioner, Coimbatore Corporation has informed the petitioner that the said property is reserved for public purpose. Aggrieved over the same, the petitioner has made an application for grant of patta before the Tahsildar, on 31.08.2015, till date, it has not been considered. Hence this Writ Petition.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 4th respondent to consider the petitioner's representation dated 31.08.2015 and pass orders on the same within a particular time frame fixed by this Court. 4.The learned Special 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 4th respondent to consider the petitioner's application for grant of patta, dated 31.08.2015, after hearing the private respondent, 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-VI) //True Copy// Sub Assistant Registrar sk To