Babu v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.5066 of 2023 Babu ....

Petitioner -VsThe Tahsildar Perambur Taluk, Chennai 600 039.

....

Respondent Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner representation dated 21.12.2022 submitted by the petitioner conduct an enquiry by affording an opportunity of hearing and issue patta to the petitioner for the land comprised in Survey Number 79/4C3 at Door No.101 Cholaiyamman Kovil Street Kodungaiyur Chennai-600 118 within a time frame fixed by this Honorable Court.

For Petitioner : Ms.R.Raji For Respondent : Mr.R.P.Muruganraja Government Advocate

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondents to consider the petitioner representation dated 21.12.2022 submitted by the petitioner conduct an enquiry by affording an opportunity of hearing and issue patta to the petitioner for the land comprised in Survey 1 / 4

Number 79/4C3 at Door No.101 Cholaiyamman Kovil Street Kodungaiyur Chennai-600 118 within a time frame fixed by this Court.

2. In respect of the property in Survey Number 79/4C3 at Door No.101 Cholaiyamman Kovil Street Kodungaiyur Chennai-600 118, it is the claim of the petitioner that, it is a Natham Poramboke land, where the petitioner's father and subsequently the petitioner has been residing for long years. Therefore, in that capacity the petitioner wanted to have Natham Patta and he has given a representation dated 21.12.2022 in this regard to the respondent. In order to consider the same and to pass orders, the petitioner has preferred the present writ petition.

3. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent.

4. Learned Government Advocate would submit that, such application would be considered and decided only by the District Collector, to whom if any application is submitted by the petitioner, the same would be considered and decided on merits and in accordance with law within a time frame that may be stipulated by this Court.

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5. Considering the said submission, this Court directs the petitioner to submit a fresh application in this regard to the District Collector concerned and on receipt of the same, the District Collector shall consider the same and pass necessary orders on merits and in accordance with law as expeditiously as possible.

6. With the above directions, this writ petition is disposed of. No costs. 22.02.2023 Index : Yes/No Speaking Order / Non-speaking order KST To The Tahsildar Perambur Taluk, Chennai 600 039.

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R. SURESH KUMAR, J.

KST W.P.No. 5066 of 2023 22.02.2023 4 / 4