S.G.Balashanmugam v. The Thasildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.G.Balashanmugam ... Petitioner versus The Thasildhar, Avadi Taluk, Avadi.

.....Respondent Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to quash the reply letter dated 09.01.2024 in Na.Ka.No.05/2024/A1 issued by the respondent and consequently, direct the respondent to issue Patta in favour of the petitioner. For Petitioner :

Mr.M.Venkadesh Kumar For Respondent :

Mr.T.Arun Kumar Additional Government Pleader

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for the respondent. With the consent of both parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed to quash the impugned reply letter Pg.Nos.1/4

dated 09.01.2024 in Na.Ka.No.05/2024/A1 issued by the respondent and consequently, direct the respondent to issue Patta in favour of the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is a senior citizen, who is aged about 80 years, is the absolute owner of the vacant building site bearing Plot No.165, Senthil Nagar, sanctioned layout in LPDM/DT & CP No.4 of 1974, comprised in S.No.538/2 and 538/3 situated at No.58, measuring an extent of 2160 sq.ft in Thirumullaivoil Village under the registered sale deed dated 23.08.1978 registered as Doc.No.2100 of 1978. The petitioner has made an application dated 17.10.2023 for issuance of Patta in his name in respect of the subject properties. However, the respondent/Tahsildar has sent a reply dated 09.01.2024 stating that as per the order of the Director of Planning of Tiruvallur District, the Land Revenue Scheme plan is in the process and the authorities are issuing notice to all the landholders and the petitioner is one of the landholders, whose block number is Block No.111, and Patta will be issued. Challenging the same, the petitioner has filed the present writ petition.

4. It is seen from the records that though the petitioner has purchased the property in the year 1978, till date, he has not taken any action for getting Patta. However, he has given a representation to the respondent for Pg.Nos.2/4

issuance of Patta on 17.10.2023, for which, the respondent has also given a reply that Patta will be issued in favour of the petitioner as per the chronological block numbers. Therefore, this Court cannot give any specific directions to the respondent on the application of the petitioner.

5. The writ petition is dismissed, accordingly. However, there shall be no order as to costs.

26.02.2024 Index: Yes/No Speaking Order : Yes/No ms To The Thasildhar, Avadi Taluk, Avadi.

Pg.Nos.3/4

P.VELMURUGAN, J.

ms 26.02.2024 Pg.Nos.4/4