Madras High CourtWP/12362/2016disposed of

S.Ganesh v. Special Tashildhar (Town

2016-04-01Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.12362 of 2016 S.Ganesh ... Petitioner Vs.

1. The Special Tahsildar (Town Survey), Alandur Taluk, Alandur, Kancheepuram District.

2. N.Paneer Selvam ... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 1st respondent to consider and dispose of petitioner's representation dated 29.2.2015 for issuance of patta in his name and subsequent reminder dated 08.09.2015 and subsequent enquiry dated 8.10.2015 by the 1st respondent. For Petitioner : Mr. M. Raja For Respondents : Mrs.M.E. Rani Selvam Additional Government Pleader (R1)

ORDER

The petitioner has come forward with this Writ Petition praying for issuance of a mandamus upon the 1st respondent to consider and dispose of his representation dated 29.2.2015 requesting for issuance of patta in his name and subsequent reminder dated 08.09.2015 and based on enquiry conducted by the 1st respondent.

2. Heard Mr. M.Raja, learned counsel appearing for the petitioner and Mrs.M.E.Rani Selvam, learned Additional Government Pleader who took notice for 1st respondent.

3. According to the petitioner, the petitioner's father K.S.Sivaraman Iyer has purchased a property measuring 3910

sq.ft., including house, ground and premises bearing Old Door No.1A and 2, New Door Nos.12 to 17, M.K.N.Road, Alandur, Chennai 600 016 from one S.Sankara Narayanan under a registered sale deed dated 26.1.1962, registered as Document No.768 of 1962, at Sub Registrar Office, Joint Sub Registrar II, Saidapet. Ever since the date of purchase, the petitioner's father was in absolute possession and enjoyment of the above mentioned property. Whileso, on 28.06.2003, the petitioner's father died intestate leaving behind his wife i) S.Parvathi, (ii) Mrs.V.Saroja, (iii) S.Narayanan, (iv) V.Lalitha, (v) K.Santha, (vi) K.S.Hariharan and (vii) the petitioner herein as his legal heirs. Further, the above said K.S.Hariharan, who was one of the legal heirs of petitioner's father died intestate on 30.1.2011 leaving behind his wife H.

Vasantha and his children viz., H.Radha and H.Sriram as his legal heirs. All the above said legal heirs of deceased K.S.Hariharan have jointly executed a Release Deed in favour of the petitioner herein, vide Release Deed dated 11.2.2015 registered as Document No.502 of 2015 at Sub Registrar Office, Alandur and by virtue of the above said Release Deed, the petitioner became the absolute owner of the above mentioned property having house, ground and premises bearing Old Door No.1A and 2, New Door Nos.12, 13, 14, 15, 16 and 17, M.K.N. Road, Alandur, Chennai 600 016 comprised in Survey No.4/1 of Alandur Village Taluk, Kancheepuram District.

4. It is his further case that when the petitioner was in the process of applying patta in his name, to the shock and surprise of the petitioner, he found that the patta for the above property has already been issued in the name of one D.Nagalingam who is the father of the 2nd respondent and the said D.Nagalingam was once a tenant of petitioner's father in the part of above mentioned property. Immediately, the petitioner gave a representation to the 1st respondent viz., Special Tahsildar (Town Survey), Alandur Taluk on 29.2.2015 requesting him to cancel the patta standing in the name of said D.Nagalingam and to issue patta in favour of petitioner. Since no action was taken by the 1st respondent, he further sent a reminder to the 1st respondent on 8.9.2015 and in pursuance of the same, the 1st respondent sent a reply on 15.9.

2015 calling him to appear for an enquiry on 8.10.2015. Accordingly ,the petitioner appeared for enquiry before the 1st respondent on 8.10.2015 and submitted all relevant documents. But till date no order was passed by the 1st respondent. Hence the petitioner has filed the present Writ Petition.

5. Learned counsel for the petitioner submitted that the issuance of patta in favour of petitioner's tenant in respect of the property belonging to petitioner without his knowledge. He would further submit that though enquiry was conducted as early

as on 8.10.2015 by the first respondent, no order has been passed so far by the 1st respondent till date. Thus he prayed for a direction to pass orders on enquiry within a time that may be stipulated by this Court.

6. In view of the submissions made by the learned counsel for petitioner, this Court, in the interest of justice, without going into the merits of the case, directs the 1st respondent viz., the Special Tahsildar (Town Survey), Alandur Taluk, to expedite the enquiry and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as to the necessary parties within a period of eight weeks from the date of receipt of a copy of this order.

7. It is made clear that this court has not expressed any opinion with regard to the merits of the claim made by the petitioner and it is for the 1st respondent to pass orders purely on merits after conducting enquiry.

8. With the above direction, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar msr To The Special Tahsildar (Town Survey), Alandur Taluk, Alandur, Kancheepuram District.

+1cc to Mr.M. Raja, Advocate, S.R.No.20461 +1cc to the Government Pleader, S.R.No.20897 W.P.No.12362 of 2016 NR(CO) CA(11/05/2016)