D.S.Stalin v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.6807 of 2022 D.S.Stalin ... Petitioner Vs.

1. The District Collector, Collector Office, Rajaji Salai, Chennai 600 001.

2. The Revenue Divisional Officer, South Chennai Division, Guindy, Chennai 600032.

3. The Tahsildar, Sholinganallur Taluk Office, Sholinganallur, Chennai 600 119.

... Respondents PRAYER: The Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ of Mandamus Directing the 1st respondent to pass an order in favour of the Petitioner pertaining to uploading and updating the online patta in favour of the Petitioner herein pertaining to property situated at Sholinganallur Taluk, Madipakkam Madura Puzhuthivakkam village, Patta No.5254, comprised in Survey No.29 / 7C2 Part, Sapthagiri Nagar, Plot No.8B , measuring an extent of 1039 Sq.ft.

For Petitioner : Mr.T.Ramachandran For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

The petitioner has filed this petition for issuance of Writ of Mandamus directing the 1st respondent to pass an order in favour of the Petitioner pertaining to uploading and updating the online patta in favour of the Petitioner herein pertaining to property situated at Sholinganallur Taluk, Madipakkam Madura

Puzhuthivakkam village, Patta No.5254, comprised in Survey No.29 / 7C2 Part, Sapthagiri Nagar, Plot No.8B , measuring an extent of 1039 Sq.ft.

2. The case of the petitioner is that his mother executed Settlement Deed in favour of him pertaining to the above mentioned property and he is in possession and enjoyment of the same. While so, the petitioner submitted an application for patta with the 3rd respondent, who issued a patta and chitta in favour of him and thereafter when the petitioner made an effort to obtain a copy of online patta, it was found that his name transfer was not updated in his name and hence, the petitioner made an application with the respondents 2 and 3, whereby the 3rd respondent directed the Revenue Inspector of Sholinganallur Taluk to submit a report and based on the received report, the 3rd respondent sent a letter, requested the 2nd respondent to pass appropriate orders to upload the computerized patta as onine patta in favour of the petitioner.

Though the said report and recommendation of the 3rd respondent, the matter is still lying with the 2nd respondent without any progress. Therefore, the petitioner against the respondents 2 and 3, had filed W.P.No.4523 of 2020, to direct the 2nd respondent to upload and update the online patta in favour of the petitioner and this Court vide order dated 10.09.2020, based on the submission of the learned Government Advocate appeared therein, held that based on the submission, already survey has been conducted necessary recommendation has been made to the District Collector to carry out the corrections in the revenue records and the same was disposed on 10.09.2020. It is further alleged by the petitioner that thereafter, the petitioner has sent a order copy along with forwarding letter to the respondents 2 and 3 on 19.09.

2020, however the reply of the said respondents were not satisfactory to the petitioner. Hence the petitioner has approached this Court by filing this Writ Petition.

3. The learned counsel appearing for the petitioner submitted that it would suffice if this Court issues direction to the respondents to implement the order of this Court made in W.P.NO.4523/2020, dated 10.09.2020 within a stipulated time frame.

4.The learned Special Government Pleader appearing for the official respondents has no objections 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 to implement the order of this Court made in W.P.NO.4523/2020, dated 10.09.2020 , within a period of four weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar True Copy// Sub Assistant Registrar sk To

1. The District Collector, Collector Office, Rajaji Salai, Chennai 600 001.

2. The Revenue Divisional Officer, South Chennai Division, Guindy, Chennai 600032.

3. The Tahsildar, Sholinganallur Taluk Office, Sholinganallur, Chennai 600 119.

+1cc to the Government Pleader, S.R.No.22697 W.P.No.6807 of 2022 NR[co] NSK 22/04/2022