G.Srinivasan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.7413 of 2019 G.Srinivasan

...Petitioner

Vs.

1.The District Collector Thiruvallur District.

2.The District Revenue Officer Thiruvallur District Thiruvallur.

3.The Thasildar Ponneri Taluk Thiruvallur District.

4.The Surveyor Vilangattupakkam Ponneri Taluk Thiruvallur District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd and 4th respondents herein to consider the petitioner's patta application dated 05.12.2018 and consequently, survey the land and issue patta in favour of the petitioner's property situated at Thiruvallur District, Ponneri Taluk, Vilangattupakkam Village, No.9, comprised in Survey No.270/2A to an extent of acre 0.86 cents, Survey No.270/2B to an extent of acre 0.47 cents and Survey No.270/1C to an extent of acre 1.02 cents, total extent of acre 2.35 cents within a period fixed by this Hon'ble Court.

For Petitioner :

Mr.R.Maduraiveeran For Respondents:

Mr.E.Balamurugan Special Government Pleader

O R D E R

Mr.E.Balamurugan, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the 3rd and 4th respondents herein to consider the petitioner's patta application dated 05.12.2018, wherein and whereby, he sought for survey of the land and issuance of patta in his favour in respect of the property situated at Thiruvallur District, Ponneri Taluk, Vilangattupakkam Village, No.9, comprised in Survey No.270/2A measuring to an extent of acre 0.86 cents, Survey No.270/2B measuring to an extent of acre 0.47 cents and Survey No.270/1C measuring to an extent of acre 1.02 cents, totally measuring to an extent of acre 2.35 cents.

3. It is stated that the petitioner had purchased the above said property from one C.S.Gunasekaran, through a registered sale deed vide Document No.4653 of 2007 dated 28.03.2007 and that from the date of purchase, the petitioner is in possession and enjoyment of the above said property. It is further stated that the petitioner has made a representation dated 05.12.2018, seeking for survey of the land and issuance of patta in his favour in respect of the above said property. But, the respondents have not considered the same so far. Hence, the petitioner is before this Court with the relief as stated supra.

4. Heard both sides.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents 3 & 4 to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the respondents 3 & 4 to consider the representation of the petitioner dated 05.12.2018 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and other interested parties, if any. Such exercise shall be done by the respondents 3 & 4 within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar

mk To 1.The District Collector Thiruvallur District.

2.The District Revenue Officer Thiruvallur District Thiruvallur.

3.The Thasildar Ponneri Taluk Thiruvallur District.

4.The Surveyor Vilangattupakkam Ponneri Taluk Thiruvallur District.

+1cc to Government Pleader sr.26308 +1cc to Mr.R.Maduraiveeran, Advocate sr.24799 W.P.No.7413 of 2019 nr 09/04/2019