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Madras High CourtWP/8883/2019disposed of

A.Leelavathi v. The District Collector

2019-03-28Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.8883 of 2019 A.Leelavathi

...Petitioner

Vs.

1.The District Collector Chennai District.

2.The District Revenue Officer Chennai District.

3.The Revenue Divisional Officer Tondiarpet Chennai District.

4.The Thasildar Tondiarpet Taluk, Chennai District.

5.The Surveyor Tondiarpet Taluk, Chennai District.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 4th respondent and 5th respondent herein to consider the petitioner's patta application dated 07.01.2019 and consequently, survey the land and issue patta in favour of the petitioner and her son Mr.A.Jagaveerapandian, S/o.S.S.Arumugasamy, jointly in respect of the property situated at Chennai-600 021, Old Washermenpet, East Cemetery Road, Door No.6/5, comprised in R.S.No.1476 to an extent of 6771 sq.ft (629.04 sq.mt) within a period fixed by this Hon'ble Court. For Petitioner :

Mr.D.Suresh Kumar 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 4th and 5th respondents herein to consider the petitioner's patta application dated 07.01.2019, wherein and whereby, she sought for survey of the land and issuance of patta in favour of the petitioner and her son Mr.A.Jagaveerapandian, S/o.S.S.Arumugasamy, jointly in respect of the property situated at Chennai-600 021, Old Washermenpet, East Cemetery Road, Door No.6/5, comprised in R.S.No.1476 measuring to an extent of 6771 sq.ft (629.04 sq.mt).

3. Heard both sides.

4. The grievance of the petitioner before this Court is that the said application seeking for survey of the land and issuance of patta has not been considered by the respondents.

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 4 & 5 to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only with a direction to the respondents 4 & 5 to consider the petitioner's application dated 07.01.2019 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 4 & 5 within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (I.Cell) //True Copy// Sub Assistant Registrar mk

To 1.The District Collector Chennai District.

2.The District Revenue Officer Chennai District.

3.The Revenue Divisional Officer Tondiarpet Chennai District.

4.The Thasildar Tondiarpet Taluk, Chennai District.

5.The Surveyor Tondiarpet Taluk, Chennai District.

+1 cc to Mr.D.Suresh Kumar, Advocate, S.R.No.29626 +1 cc to the Government Pleader, S.R.No.30481 WP.No.8883 of 2019 KAN(CO) SSM(16/04/2019).