A.Suryanarayan, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2020
CORAM:
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P.No.5388 of 2020 A.Suryanarayan ... Petitioner -Vs1. The District Collector, Thiruvallur District, Thiruvallur - 602 001.
2. The Tahsildar, Avadi Taluk, Thirumalairajapuram, Avadi, Chennai 600 054.
3. The Special Tahsildar, Town Survey and Settlement, Avadi Municipal Corporation, Avadi, Chennai 600 054.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to dispose the representation dated 07.09.2019 for grant of patta to petitioner's property measuring extent of 2530 Sq.Ft situated in S.No.387/1A, Thandurai Village, Avadi Taluk, Thiruvallur District, within the Registration District of Chennai-South and Registration Sub-District of Avadi, within a time frame.
For Petitioner : Mr.M.V.Seshachari For Respondents: Mr.A.Aruldass Government Advocate
ORDER
This writ petition has been filed for the issue of writ of Mandamus directing the respondents to dispose of the representation, made by the petitioner on 07.09.2019.
2.
The case of the petitioner is that his father is the absolute owner of the property and he died on 19.04.2000, leaving behind the petitioner, his mother, brother and two sisters. The further case of the petitioner is that one Jagadhambal was the tenant in the property and she has also been subsequently evicted by means of a Judgment and decree of competent Civil Court and the decree was executed in EP No.25 of 2011 and delivery was effected on 26.07.2011. 3.
The petitioner for himself and as a Power of Attorney agent for other legal heirs, has made a representation to the respondents for issuance of patta in their names. Since the same was not considered by the respondents, the present writ petition has been filed before this Court, seeking for appropriate directions.
4.
Heard the submissions of the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
5.
Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 2nd respondent to consider the representation made by the petitioner on 13.09.2019, on its own merits and in accordance with law and shall pass appropriate orders, within a period of six weeks from the date of receipt of copy of this order. If the 2nd respondent feels that any other party will have to be heard before final orders are passed, notice shall also be issued and thereafter, final orders shall be passed. The petitioner is directed to make a fresh representation to the 2nd respondent along with copy of the representation dated 13.09.2019 and also a copy of this order.
6.
This writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rka
To 1.The District Collector, Thiruvallur District, Thiruvallur - 602 001.
2.The Tahsildar, Avadi Taluk, Thirumalairajapuram, Avadi, Chennai 600 054.
3.The Special Tahsildar, Town Survey and Settlement, Avadi Municipal Corporation, Avadi, Chennai 600 054.
+1cc to Mr.M.V.Seshachari, Advocate, Sr.No.19122. +1cc to The Government Pleader, Sr.No.19238.
W.P.NO.5388 of 2020 RPP(CO) klt(21/05/2020)