Madras High CourtWP/10874/2017disposed of

A.Kapali v. The Tahsildar

2017-04-27Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.10874 of 2017 A.Kapali [ Petitioner ] Vs The Tahsildar Kumaran Nagar Sholinganallur Post and Taluk Kancheepuram District [ Respondent] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondent herein to consider the petitioner's representation dt 25.3.2017 for a fresh patta with correct measurements for the land in No. 142 Palavakkam Village Saidapet Taluk (now Sholinganallur Taluk) Kancheepuram District bearing Door No.10 Govindan Nagar, Palavakkam, Chennai 41, within a time frame fixed by this Court.

For Petitioner : Mr.S.Kaithamalaikumaran For Respondent : Mrs.K.Bhuvaneswari, GA

ORDER

Mrs.K.Bhuvaneswari, learned Government Advocate takes notice for the respondent.

2. By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.

3. The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondent to consider his representation dated 25.03.2017 for issuance of fresh patta with correct measurements for the land in No.142, Palavakkam Village, Saidapet Taluk (now Sholinganallur Taluk), Kancheepuram District, bearing Door No.10, Govindan Nagar, Palavakkam, Chennai 41, within a time frame.

4. The learned counsel appearing for the petitioner submitted that the petitioner had purchased an extent of 1781 sq.ft., of land on 28.09.1992 and had put up tiled house in the said land. The property was also assessed to property tax, water tax and the petitioner had also obtained electricity https://hcservices.ecourts.gov.in/hcservices/

connection. The learned counsel further submitted that the petitioner was issued with patta in No.2479 by the concerned authority and while granting fresh patta, the extent had been wrongly mentioned. Hence, the petitioner gave a representation dated 25.03.2017 for issuance of fresh patta with correct extent. However, the respondent has not passed any order so far. 5.

Ms.K.Bhuvaneswari, learned Government Advocate, appearing for the respondent submitted that the respondent may be directed to consider the petitioner's representations and pass orders in accordance with law, within a time frame.

6. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the respondent to consider the petitioner's representation dated 25.03.2017 for issuance of fresh patta with correct measurements and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

With the above observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rg To The Tahsildar Kumaran Nagar Sholinganallur Post and Taluk Kancheepuram District +1cc to Mr.S.Kaithamalai kumaran, Advocate, S.R.No.25760 +1cc to the Government Pleader, S.R.No.36539 W.P.No.10874 of 2017 CA(CO) RS(09/05/2017) https://hcservices.ecourts.gov.in/hcservices/