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Madras High CourtWP/3302/2023disposed of

H.Srinivasan v. The State Rep By

2023-02-07Honourable Mr Justice R. Suresh Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.3302 of 2023 H.Srinivasan ... Petitioner -VsThe State Represented by

1. The Tahsildar, Maduravayol Taluk Office, Nolambur, Maduravayol Taluk, Thiruvallur District.

2. The Revenue Inspector, Revenue Office (Taluk Office Building), Nolambur, Maduravayol Taluk, Thiruvallur District.

3. The Head Surveyor, Surveyor Office (Taluk Office Building), Nolambur, Maduravayol 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 respondents to dispose of the petitioner representation dated 20.01.2023 for to issue proper patta in the petitioner name (H.Srinivasan) in North Chennai Registered Taluk, Thiruvallur District, Ambathur Taluk, Now Maduravayol Taluk, Maduravayol Village, Survey No.301/2, in patta 1/6

No.2664, as per patta New Survey No.301/2A1C thereabouts 3230 sq.ft within a time frame may be fixed by this Court. For Petitioner : Mr.K.Jayakumar For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

The prayer sought for herein is for a writ of mandamus directing the respondents to dispose of the petitioner representation dated 20.01.2023 to issue proper patta in the petitioner's name in North Chennai Registered Taluk, Thiruvallur District, Ambathur Taluk, Now Maduravayol Taluk, Maduravayol Village, Survey No.301/2, in patta No.2664, as per patta New Survey No.301/2A1C thereabouts 3230 sq.ft within a time frame may be fixed by this Court.

2. In respect of the property at S.No.301/2 at Maduravayol Village, Ambathur Taluk, Thiruvallur District, it is a claim of the petitioner that the property originally stood in the name of the petitioner's mother one H.Renuka Devi, who purchased the property some time in 1986 and patta also had been given in her name.

3. On 07.09.2006, the mother of the petitioner had settled the property in favour of the petitioner vide document No.4870/2006 at 2/6

Virugambakkam Sub-Registrar Office and pursuant to which, when the petitioner now made an attempt to get approval for the proposed structure in the said property, it was demanded to produce the patta, since it stood in the name of the petitioner's mother still. Therefore, in order to get patta in the name of the petitioner by way of transfer of patta, the petitioner had given an application on 20.01.2023 to the first respondent Tahsildar and to consider the same and to pass orders thereon on merits within a time frame, the petitioner has filed this writ petition.

4. Heard Mr.K.Jayakumar, learned counsel appearing for the petitioner, who having reiterated the aforesaid would seek indulgence of this Court.

5. Heard Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents, who would submit that the said representation given by the petitioner would be considered and decided by the first respondent on merits and in accordance with law within a time frame that may be stipulated by this Court. 3/6

6. Considering the said submission made by the learned Special Government Pleader appearing for the respondents and taking note of the limited scope of the prayer sought for herein, this Court is inclined to dispose of this writ petition with the following order: That there shall be a direction to the first respondent to consider the representation of the petitioner dated 20.01.2023 and pass necessary orders thereon on merits and in accordance with law within a period of six(6) weeks from the date of receipt of a copy of this order.

With this direction, this writ petition is disposed of. No costs. 07.02.2023 Index : Yes/No Speaking order: Yes/No mp 4/6

To

1. The Tahsildar, Maduravayol Taluk Office, Nolambur, Maduravayol Taluk, Thiruvallur District.

2. The Revenue Inspector, Revenue Office (Taluk Office Building), Nolambur, Maduravayol Taluk, Thiruvallur District.

3. The Head Surveyor, Surveyor Office (Taluk Office Building), Nolambur, Maduravayol Taluk, Thiruvallur District.

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R. SURESH KUMAR, J.

mp Writ Petition No.3302 of 2023 07.02.2023 6/6