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Madras High CourtWP/8231/2024disposed of

N.Balaraman v. The Collector

2024-03-28Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN N.Balaraman ... Petitioner Vs.

1. The Collector O/o Collectorate Office Singaravelan Building Chennai - 600 001

2. The Tahsildar Taluk Office Mylapore, Chennai ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the representation dated 11.03.2022 for issuance of Patta in respect of the property all that house, ground and premises bearing Municipal Door No.39, Old No.1, Hanumantharayan Koil Street, Triplicane, Chennai-5 bearing O.S.No.2285, R.S.No.1547 and C.C.No.766 measuring 1264 Sq.ft. situate within the registration District of South Madras and Sub Registration District of Triplicane.

For Petitioner : Mr.K.Nagarajan For Respondents : Mr.A.Selvendran Special Government Pleader 1/5

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents to consider the representation dated 11.03.2022 for issuance of Patta in respect of the property all that house, ground and premises bearing Municipal Door No.39, Old No.1, Hanumantharayan Koil Street, Triplicane, Chennai-5 bearing O.S.No.2285, R.S.No.1547 and C.C.No.766 measuring 1264 Sq.ft. situate within the registration District of South Madras and Sub Registration District of Triplicane. 2.The learned counsel for the petitioner submitted the the petitioner made an application to the 2nd respondent for issuance of Patta. But no action has been taken so far. Hence, the present Writ Petition is filed.

3. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents.

4. It is seen that the petitioner has made only representation to the 2nd respondent/Tahsildar whereas, as per the prevailing practice in the State, for issuance of Patta, transfer of Patta and survey of land, the applications have to be made through online and the requisite fees has to be paid through eChallan. But the petitioner has not followed the procedure as per the prevailing practice in the State as on date.

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5. However, since this Writ Petition is filed seeking a simple Writ of Mandamus, this Court without expressing any opinion with regard to the merits of the case, directs the petitioner to make application through online and pay the requisite fee through e-Challan if already not made.

6. On receipt of the online application and if the application is otherwise in order, the 2nd respondent is directed to consider the same and after conducting enquiry in the manner known to law by issuing notice to the petitioner, interested parties/rival claimants/objectors if any as the case may be, pass orders on merits and in accordance with law, within the time as prescribed in the circular No.R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration, from the date of receipt of the online application.

7. With the above directions, this Writ Petition is disposed of at the admission stage itself. No costs.

28.03.2024 ksa-2 Index : Yes / No 3/5

To

1. The Collector O/o Collectorate Office Singaravelan Building Chennai - 600 001

2. The Tahsildar Taluk Office Mylapore, Chennai 4/5

P.VELMURUGAN. J.

Ksa-2 28.03.2024 5/5