Mahesh Raja, v. The Commissioner Of Land
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 08.08.2019
CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.7529 of 2011 Mahesh Raja
...Petitioner
Vs 1.The Commissioner of Land Administration, Ezhilagam, Chennai 600 005.
2.The Assistant Director of Survey and Land Records, Chennai District Collectorate, Chennai 600 001.
3.The General Manager, C.M.W.S.S.B.
No.1, Pumping Station Road, Chintadripet, Chennai 600 002.
4.The Tahsildar, Egmore-Nungambakkam Taluk Office, Mayor Ramanathan Salai, Chetput, Chennai 600 031.
..Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the 4th respondent herein to consider the application of the petitioner dated 01.04.2009 for the grant of patta, in the name of the petitioner in respect of the land in S.No.19/2 sub divided as S.No.19/34 to an extent of 3320 Sq.ft., in Koyambedu Village, Chennai within the time frame.
For Petitioner : Mr.A.V.Arun For Respondents : Mr.I.Sathish, AGP, for RR1,2 & 4 Mr.S.P.Ravishankar, for R3
ORDER
Heard the learned counsels appearing on either side and perused the materials available on record.
2. The petitioner has come up with this Writ Petition for issuance of a Writ of Mandamus, directing the 4th respondent to grant patta in the name of the petitioner in respect of the land in S.No.19/2 sub divided as S.No.19/34 to an extent of 3320 Sq.ft., in Koyambedu Village, Chennai, based on his application dated 01.04.2009 within a time frame.
3. The fourth respondent has filed a counter affidavit disputing the allegations made by the petitioner, however in paragraph 5 of the counter affidavit, it has been stated that the Collector office has re-classified the land from "Circar Poromboke" to "Ryotwari Manai" as per the order dated 03.03.2016. Thereafter, the application of the petitioner was considered and patta was issued in the name of the petitioner on 06.04.2016. Hence, the prayer sought for in the Writ Petition has become infructuous.
4. In the light of the above counter affidavit filed by the fourth respondent, this Writ Petition is dismissed as having become infructuous. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pvs To 1.The Commissioner of Land Administration, Ezhilagam, Chennai 600 005.
2.The Assistant Director of Survey and Land Records, Chennai District Collectorate, Chennai 600 001.
3.The General Manager, C.M.W.S.S.B.
No.1, Pumping Station Road, Chintadripet, Chennai 600 002.
4.The Tahsildar, Egmore-Nungambakkam Taluk Office, Mayor Ramanathan Salai, Chetput, Chennai 600 031.
+1cc to Mr.A.V.Arun, Advocate SR.68337 +1cc to the Government Pleader SR.68455 W.P.No.7529 of 2011 SSD(CO) CB(11/10/2019)