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Madras High CourtWP/7149/2020disposed of

Araye v. The District Collector

2020-03-20Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.7149 of 2020 Araye ... Petitioner vs.

1. The District Collector, Chengalpattu District, Chengalpattu.

2. The Thasildhar, Cheyyar Taluk, Chengalpattu District.

3. Revenue Divisional Officer, Parukkal Village, Chitambur Parka, Cheyyur Taluk, Chengalpattu District, Kancheepuram District.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner representation dated 14.02.2020 and issue patta in favour of the petitioner to an extent of 001.0 Ares in Survey No.111A/2B in Parukal Village, Cheyyur Taluk, Chengalpattu District. For Petitioner : Mr. K. Thenrajan For Respondents : Mr.E. Balamurugan Special Govt. Pleader

ORDER

This writ petition has been filed for issuance of a writ of mandamus, directing the respondents to consider the representation made by the petitioner on 14.02.2020 and to issue a patta in favour of the petitioner.

2. It is seen from the records than an assignment patta has already been issued in favour of the petitioner on 30.11.1998 by the appropriate authority. According to the petitioner, the petitioner is in possession and enjoyment of the property for the last 40 years.

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3. The grievance of the petitioner is that the 3rd respondent is repeatedly attempting to interfere with the possession and enjoyment of the property on the ground that the petitioner has not obtained a patta for the said property.

4. Heard Mr.K.Thenrajan, learned counsel for the petitioner and Mr.E.Balamurugan, learned Special Government Pleader for the respondents.

5. The petitioner has already been issued with an assignment patta. Therefore, there is no question of the petitioner once again approaching the 2nd respondent and seeking for one more pattta. The very assignment patta is a title document insofar as this property is concerned. If the same is still in force, the 2nd respondent cannot insist that the petitioner should apply for one more patta for the property. Except giving this clarification, no further orders can be passed by this Court.

This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar mp To

1. The District Collector, Chengalpattu District, Chengalpattu.

2. The Thasildhar, Cheyyar Taluk, Chengalpattu District.

3. The Revenue Divisional Officer, Parukkal Village, Chitambur Parka, Cheyyur Taluk, Chengalpattu District, Kancheepuram District.

+1cc to Mr.Thenrajan, Advocate, SR. No. 24515 +1cc to The Government Pleader , SR. No. 24583 W.P.No.7149 of 2020 KJ(CO) RMP(17/07/2020) https://hcservices.ecourts.gov.in/hcservices/