S.Gopinath v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.8099 of 2022 S.Gopinath

...Petitioner

rep by his Lawful Power Agent P.Balasubramanian vs.

1. The District Collector,

2. The District Revenue Officer,

3. The Thasildar, Kundrathur Taluk, Kanchipuram District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to measure petitioner's property and issue patta situated in Plot Number 27 in Sri Ranganathar Nagar covers under Survey Number 456/1 in Padappai Village measuring to an extent of 1000 Sq.ft.

For Petitioner : Mr.M.Venkatesan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This writ petition has been filed seeking for a issuance of a writ of Mandamus to the respondents to measure petitioner's property and issue patta situated in Plot Number 27 in Sri Ranganathar Nagar covers under Survey Number 456/1 in Padappai Village, measuring an extent of 1000 Sq.ft.

2. The case of the petitioner is that he purchased a property admeasuring 2275 sq.ft. of vacant land situated at above said Village vide sale deed dated 22.01.2013. When the petitioner intended to construct a house in the above said property, he made a representation to the third respondent herein seeking for issuance of patta pertaining to the S.No.456/1 in said Village vide letter / application dated 01.11.2021 by measuring the same by metes and bounds, enabling the petitioner to construct the house. Since the same was not considered, the petitioner has filed the present Writ Petition.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner's submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 01.11.2021 and pass orders on merits within a particular time frame to be fixed by this Court.

4. The learned Special Government Pleader appearing for respondents has no objection for said order being passed.

5. Taking into consideration the facts and circumstances of the case, this Court without without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 01.11.2021 and pass appropriate orders on merits and in accordance with law, after affording opportunity of hearing to the petitioner and aggrieved parties if any, within a period of twelve weeks from the date of receipt of a copy of this order.

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

1. The District Collector,

2. The District Revenue Officer,

3. The Thasildar, Kundrathur Taluk, Kanchipuram District.

+1cc to Mr.M.Venkatesan, Advocate SR. No.24223 +1cc to Government Pleader SR. No. 24148 W.P.No.8099 of 2022 GMR (CO) PR (04/05/2022)