S.Sundarraj v. The Thasildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.6221 OF 2022 AND W.M.P.NO.6281 OF 2022
1. S.Sundarraj
2. S.Kumari ... Petitioners .Vs.
1. The Tahsildar, Fort - Tondiarpet Taluk, Chennai - 600 081.
2. The District Collector, Singaravelar Maligai, Chennai District, Chennai - 600 001.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 14.10.2019 and also pass appropriate orders by cancelling the erroneous sub-divisions effected in R.S.No.2616/45 FortTondiarpet, Old No.320, New No.969, T.H.Road, Old Washermenpet, Chennai - 600 021 and to issue a separate patta in favour of the petitioners in respect of the extent of 806 sq. feet (672 sq. ft for their plot D and 134 sq. ft. for common passage) forthwith. For Petitioner :
Mr.P.Jagadeesan For Respondents :
Mr.R.Vigneswaran Government Advocate
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 1st respondent to consider the petitioner's representation dated 14.10.2019 and also pass appropriate orders by canceling the erroneous sub-divisions effected in R.S.No.2616/45 Fort-Tondiarpet, Old No.320, New No.969, T.H.Road, Old Washermenpet, Chennai - 600 021 and to issue a separate patta in favour of the petitioners in respect of the extent of 806 sq. feet forthwith.
2. The case of the petitioners is that the petitioners are jointl owners of the house site measuring an extent of 806 sq.ft. out of total extent of land measuring 4071 sq.ft. situated in above said survey number from one Chandrasekar vide sale deed dated 22.09.2011. As the vendor of the said land converted the same into five parts as Plot B,C,D,E,F the petitioners purchased Plot D and thereafter, the 1st respondent has sub-divided the land and issued separate patta to the owners of Plot No.B,C and E without any notice to the petitioners. While so, the petitioners made representations to the 1st respondent and the last of which on 14.10.2019 to cancel the sub-divisions and pattas issued to the owners of Plot B,C and E and issue separate patta to the petitioners in Plot D of an extent of 806 sq. ft.
Thereafter, the 1st respondent sent a communication to the petitioners calling upon them for inquiry on 12.11.2019 with all the original documents and the petitioners appeared before the 1st respondent. However till date no order has been passed by the 1st respondent. Hence the petitioner has come up with the aforesaid relief.
3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 14.10.2019 and pass orders on merits within a particular time frame that may be fixed by this Court.
4. The learned Government Advocate for respondents has no objection for said order being passed.
5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 1st respondent to conclude the inquiry and pass appropriate orders on petitioners representation dated 14.10.2019 on merits and in accordance with law, after affording an opportunity of hearing
to the petitioner and aggrieved persons if any within a period of 12 weeks from the date of receipt of a copy of this order.
7. This writ petition is accordingly disposed of. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rap/sk To 1.
The Tahsildar, Fort - Tondiarpet Taluk, Chennai - 600 081.
2.
The District Collector, Singaravelar Maligai, Chennai District, Chennai - 600 001.
+1cc to Mr.P.Jagadeesan, Advocate, S.R.No.18436 +1cc to the Government Pleader, S.R.No.18831 W.P.NO.6221 OF 2022 BP(CO) PBS/20/04/2022