D.Nandagopal v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2021
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P.No. 9147 of 2021 D.Nandagopal, S/o. R.Doss ... Petitioner
Versus
1. The State of Tamil Nadu, Fort St. George, Chennai.
2. The District Collector, Chennai District, Office of the Collector, Chennai.
3. The Tahsildar, Alandur Taluk, Chennai District.
4. Revenue Tahsildar, South Chennai Division, Guindy, Chennai-32.
5. A.Subramanian, S/o. Arunachalam ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 3rd and 4th respondents herein to consider th claim of the petitioner for the issue of a sub-division patta in the name of petitioner D.Nandagopal, and co-owner Babu Chowdry in respect of vacant site measuring 5280 sq.ft. Of land in Plot Nos.108, and 109 in Survey No.76/8, of Kundrathur Panchayat Union at No.54, Mugalivakkam Village, Sriperumbudur Taluk, Chengalpattu MGR District and to pass appropriate orders in the light of the petitioner's representation dated 19.12.2019 within a limited time frame.
For Petitioner : Mr.C.T.Mohan For Respondents : Mrs.K.Bhuvaneswari, Addl. Govt. Pleader for R1 to R3
O R D E R
(The case has been heard through video conference) This Writ Petition has been filed seeking a direction directing the 3rd and 4th respondents to issue a sub-division patta in the name of petitioner and co-owner in respect of land in Survey No.76/8 at Mugalivakkam Village, Sriperumbudur Taluk, Chengalpattu Dt.
2. In view of the order is going to be passed in the present Writ Petition, which will not prejudice the interest of the 5th respondent, notice to the 5th respondent is dispensed with.
3. The grievance of the petitioner is that, he has filed an application seeking for patta in respect of vacant site of land in Plot Nos.108 and 109 in Survey No.76/8 of Kundrathur Panchayat Union at No.54, Mugalivakkam Village, Sriperumbudur Taluk, Chengalpattu MGR District. Subsequently, the 4th respondent has also sent a notice for enquiry and the petitioner has also appeared for enquiry before the 4th respondent on 03.03.2020, and produced necessary documents. But, so far, his application was not considered and no order has been passed on it. Hence, the present Writ Petition has been filed by the petitioner.
4. The learned counsel appearing for petitioner would submit that during the enquiry, the 4th respondent has expressed that the 5th respondent is also claiming right over the property. Hence, no order has been passed.
5. Considering those circumstances, and already the enquiry has been conducted, the 4th respondent is directed to complete the enquiry and to pass orders on the petitioner's application on merits in accordance with law after giving opportunity to the petitioner as well as 5th respondent, within a period of eight weeks from the date of receipt of copy of this order. Accordingly, this Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rpp
To
1. The State of Tamil Nadu, Fort St. George, Chennai.
2. The District Collector, Chennai District, Office of the Collector, Chennai.
3. The Tahsildar, Alandur Taluk, Chennai District.
4. Revenue Tahsildar, South Chennai Division, Guindy, Chennai-32.
+cc to Mr.C.T.Mohan,Advocate, Sr.No.22880 +cc to Govt Pleader, Sr.No.23102 W.P.No. 9147 of 2021 GPL(CO) baf 17/05/2021