P.Saravanan v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Saravanan .. Petitioner Vs 1 The Collector Chennai District Singaravelar Maligai Chennai - 1.

2 The Tahsildar Aminjikarai Circle, Tashildhar Office Gajalakshmi Colony, First Main Road 1st Street, Shenoy Nagar Chennai - 30.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to issue Patta to the total extent 1965 Sq.ft of land in respect of petitioner's property bearing Plot No.45 (part), New Door No.1, Old Door No.16, South High Court Colony Main Street, Villivakkam, Chennai - 600 049, land measuring an extent of 1965

sq.ft and compromised in S.No.237/1A as per Patta No.17, S.No. 237/1A6B, T.S.No.91, Block No.21 of Villivakkam Village, Perambur Pursawalkam Taluk, Chennai.

For the Petitioner : Mr.J.Suresh For the Respondents : Mr.R.Govindaswamy Special Government Pleader

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.J.Suresh, learned counsel for the petitioner; and Mr.R.Govindaswamy, learned Special Government Pleader for the respondents.

2. The petitioner seeks directions against the respondents to issue patta to the total extent of 1965 Sq.ft of land in Plot No.45 (part), New Door No.1, Old Door No.16, South High Court Colony Main Street, Villivakkam, Chennai - 600 049.

3. As per the report of the Nodal Officer appointed by the Court, the petitioner can be issued patta to an extent of 156.75 sq.

mtrs. after verifying the original sale deed. In the sale deed, the area is mentioned as 182.5 sq. mtrs.

4. Learned counsel for the petitioner submits that the petitioner is agreeable for issuance of patta to the extent of 156.75 sq. mtrs.. He submits that the petitioner has already filed an application with the second respondent/Tahsildar.

5. The petitioner may file a fresh application within 15 days from today for grant of patta. The second respondent may consider the facts on record, so also the report of the Nodal Officer about the correct extent of land for which the patta may be issued after verifying the original documents; apart from the attending circumstances, the documents and the factual matrix, before issuing the patta. The second respondent shall consider the application on merits and in accordance with law, preferably within six months. It is made clear that, if the patta is issued, the land to the extent of 156.75 sq. mtrs. shall be demarcated.

The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.No.8148 of 2018 is closed. (S.V.G., CJ.) (D.B.C., J.) 21.03.2024 Index :

Yes/No Yes/No sasi To:

1 The Collector Chennai District Singaravelar Maligai Chennai - 1.

2 The Tahsildar Aminjikarai Circle, Tashildhar Office Gajalakshmi Colony, First Main Road 1st Street, Shenoy Nagar Chennai - 30.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 21.03.2024