Madras High CourtWP/21592/2013disposed of

N.Boopathy v. The Special Commissioner

2021-08-12Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.21592 of 2013 N.Boopathy

...Petitioner

1. The Special Commissioner Survey and Settlement, Survey House 3rd Floor, Ezhilagam, Chennai - 600 005.

2. The District Collector, District Collector Office, Kancheepuram.

3. The District Revenue Officer, Kancheepuram.

4. The Revenue Divisional Officer, Chengalpet.

5. The Tahsildar, Chengalpet.

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned order of the 4th respondent Na.Ka.No.1509/2012/Aa, dated 31.12.2012 and to quash the same and to direct the respondents to grant patta in the name of the petitioner in respect of the property measuring 5400 sq.ft. in Survey Nos.328/1, 328/2, 326/3 & 326/4 of Ninakarai Village, Kattangulathur Panchayat Union, Chengalpet Taluk, Kancheepuram District by ordering necessary corrections in the revenue records.

For Petitioner : No appearance For Respondents : Mr.Richardson Wilson Government Advocate

ORDER

This Writ Petition is filed to issue a writ of certiorarified mandamus calling for the records relating to the impugned order of the 4th respondent Na.Ka.No.1509/2012/Aa, dated 31.12.2012 and to quash the same and to direct the respondents to grant patta in the name of the petitioner in respect of the property measuring 5400 sq.ft. in Survey Nos.328/1, 328/2, 326/3 & 326/4 of Ninakarai Village, Kattangulathur Panchayat Union, Chengalpet Taluk, Kancheepuram District by ordering necessary corrections in the revenue records.

2. According to the petitioner, he purchased vacant house plot by a registered sale deed dated 29.06.2007 vide registered document No.9110/2007. While being so, the fifth respondent herein issued patta in favour of one Sujatha, Wife of Hariharan. It was challenged before the fourth respondent by an impugned proceedings dated 31.12.2012 and rejected the appeal.

Aggrieved by the same, the petitioner also filed a review under Section 13 of the Tamil Nadu Patta Pass Book Rules, 1981 before the third respondent. The third respondent neither rejected nor passed any order and as such, the petitioner approached before this Court.

3. The petitioner rightly filed revision as against the order passed by the fourth respondent under Section 13 of the Patta Pass Book Rules 1981. Therefore, this Court deems fit to direct the third respondent to dispose of the revision filed by the petitioner. Accordingly, the third respondent is directed to dispose of the revision filed by the petitioner, after issuance of notice to the petitioner and the counter party and after giving opportunity to the parties concerned and dispose of the same on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, if not already disposed of.

4. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Lpp