S.Murugan v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.Nos.6697 and 6700 of 2023 1.S.Murugan 2.M.Jageer Ali ... Petitioners in W.P.No.6697 of 2023 K.Sekar ... Petitioner in W.P.No.6700 of 2023 Vs 1.The Secretary of Government, Housing and Urban Development Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2.The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035.
3.The Executive Engineer and Administrative Officer, K.K.Nagar Division, Tamil Nadu Housing Board, C-48, T.N.H.B. Commericial Complex, Anna Nagar, 2nd Avenue, Chennai - 600 040.
4.The Special Tahsildar, Tamil Nadu Housing Board, K.K.Nagar Division, Chennai.
1/6
5.The Tahsildar, Maduravoyal Taluk, Nolambur, Chennai District.
... Respondents in both WPs Prayer in WP.No.6697 of 2023: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 5th respondent to issue the patta to the petitioner's land, bearing Plot No.26 in Govardhanan Nagar, V.O.C. Street, situated at No.100, Nerkundram Village, Maduravoyal Taluk, Chennai District, comprised in Survey No.327, measuring an extent of 2400 sq.ft., lying within the Registration District of Chennai South and Sub Registration District of Virugambakkam by considering the petitioner's representation dated 24.02.2022.
Prayer in WP.No.6700 of 2023: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 5th respondent to issue the patta to the petitioner for his land and house site, land measuring 645 sq.ft., bearing Plot No.51 C, comprised in Survey No.318/1, Sri Balavinayagar Nagar, Nerkundram Village, Maduravoyal Taluk, Thiruvallur, Land with House thereon with E.B. Connection, and lying within the Registration District of Chennai South and Sub Registration District of Virugambakkam by considering the petitioner's representation dated 24.02.2022.
In both WPs For Petitioners : Mr.L.G.Sahadevan for Mr.A.Ilayaperumal For Respondents : Ms.Akila Rajendran Government Advocate 2/6
COMMON ORDER Since the issue raised in these writ petitions is common, with the consent of the learned counsel appearing for both sides, both the writ petitions were heard together and are disposed of by this common order.
2. The respective petitioners in these writ petitions have made application by way of representation on 24.02.2022 of course separately to the Revenue Tahsildar who is one of the respondent herein to consider the plea of the petitioners for issuance of patta for the respective land which according to the petitioners belong to them. In order to consider the said representation cum application dated 24.02.2022, the petitioners have moved the respective writ petitions.
3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents.
4. Since some objection had been raised earlier by the Tamil Nadu Housing Board, who is the 2nd and 3rd respondents herein, patta had not so far been issued and subsequently according to the learned counsel for the petitioners, the land acquisition proceedings was quashed in respect of other 3/6
matters, but in respect of the present matters the same would apply, therefore in that capacity the petitioners filed a revision to be considered by the respective Tahsildars.
5. Heard the learned Government Advocate for the respondents who would submit that the said representation separately submitted by these petitioners would be considered on merits and in accordance with law by the 5th respondent Tahsildar within a time frame that may be stipulated by this Court.
6. Considering the said submission made by the learned Government Advocate for the respondents, this Court is inclined to give a direction to the 5th respondent Tahsildar to consider the representation of the petitioners dated 24.02.2022 in both the cases and pass necessary orders thereon on merits and in accordance with law of course after hearing both petitioner as well as the respondent Housing Board within a period of eight weeks from the date of receipt of a copy of this order.
4/6
7. With the above direction, both the Writ Petitions are disposed of. No costs.
03.03.2023 Index : Yes / No Speaking Order : Yes / No Sgl To 1.The Secretary of Government, Housing and Urban Development Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2.The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035.
3.The Executive Engineer and Administrative Officer, K.K.Nagar Division, Tamil Nadu Housing Board, C-48, T.N.H.B. Commericial Complex, Anna Nagar, 2nd Avenue, Chennai - 600 040.
4.The Special Tahsildar, Tamil Nadu Housing Board, K.K.Nagar Division, Chennai.
5.The Tahsildar, Maduravoyal Taluk, Nolambur, Chennai District.
5/6
R.SURESH KUMAR, J.
Sgl W.P.Nos.6697 and 6700 of 2023 03.03.2023 6/6