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Madras High CourtWP/10788/2017disposed of

Dhanalakshmi v. The Commissioner

2017-06-20Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.10788 of 2017 & W.M.P.Nos.11735 & 11736 of 2017 Mrs.Dhanalakshmi ... Petitioner Vs.

1. The Commissioner, Revenue Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Tahsildar, Alandur Municipality Commissioner, Vembuliammankoil Street, Mela Ilandaikulam, Alandur, Chennai - 600 016.

3. The District Revenue Officer, Kanchipuram District, Kanchipuram, Tamil Nadu.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the second respondent to issue an updated patta to the petitioner for the entire extent of 3317 sq. ft. in respect of land situated at Old.No.6, New No.9 in Pazhavanthangal, Nehru Street, consisting of Old Survey No.58A/2, ward A, Block No.5, classified as grama natham land, instead of the present patta which has been granted only for 1520 sq. ft. in terms of the petitioner's representation, dated 01.03.2017.

For Petitioner : Mr.Rahul Balaji For Respondents : Mr.A.N.Thambidurai Special Government Pleader

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the second respondent to issue an updated patta to the petitioner for the entire extent of 3317 sq. ft., in respect of land situated at Old.No.6, New No.9 in Pazhavanthangal, Nehru Street, consisting of Old Survey

No.58A/2, ward A, Block No.5, classified as grama natham land, instead of the present patta, which has been granted only for 1520 sq. ft., in terms of the petitioner's representation, dated 01.03.2017.

2. The learned counsel appearing for the petitioner submitted that in spite of the petitioner's representation, dated 01.03.2017, for issuance of patta, the second respondent has not considered the same yet.

3. Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents submitted that the second respondent may be directed to consider the petitioner's representation and pass orders in accordance with law, after giving notice to all the interested parties, within a time frame.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I direct the second respondent to consider the petitioner's representation, dated 01.03.2017, for the issuance of updated patta and pass orders in accordance with law, after giving notice to all the interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

5.With the above observation, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar dm/rns To

1. The Commissioner, Revenue Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Tahsildar, Alandur Municipality Commissioner, Vembuliammankoil Street, Mela Ilandaikulam, Alandur, Chennai - 600 016.

3. The District Revenue Officer, Kanchipuram District, Kanchipuram, Tamil Nadu.

+1cc to the Government Pleader, Sr. 43776 W.P.No.10788 of 2017 & W.M.P.Nos.11735 & 11736 of 2017 AR(V) VR(05/07/2017)