D.Revathy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 21.04.2022 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.9735 of 2022 D. Revathy ...

Petitioner Vs 1.The District Collector, Collector of Chennai, Sigaravelar Maligai 4th Floor, Rajaji Salai, Chennai-600 029.

2.The Tahsildar, Aminjikarai Circle, Shenoy Nagar, Chennai-600 030. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus or any other appropriate, direction or order in the nature of a Writ calling for the records of the 2nd Respondent herein in impugned order in proceedings 1436/A2/2021 dated 30.03.2022 to quash the same and to directing the 2nd Respondent herein to issue patta in the name of the petitioner herein, pertaining to door No.12/4, Sannathi Street, of an exftent of 1482 sq.ft. Comprised in survey No.70/5 part, Aminjikarai Village, Chennai-29.

For Petitioner ... M. Balasubramanian For Respondents ... Mr. M. Murali, Government Advocate

O R D E R

The present petition has been filed seeking the relief of quashment of the impugned order dated 30.03.2022 passed by the 2nd Respondent and a direction to the 2nd Respondent to issue patta in the petitioner's name in respect of the subject property.

2. Mr. M. Murali, learned Government Advocate takes notice for the respondents.

3. It is the case of the petitioner that the petitioner being the absolute owner of the subject property, made an application for issuance of patta in respect of the subject property on 01.09.2021 along with the title documents to the 2nd Respondent, however, the said application was rejected by the 2nd Respondent herein vide impugned order dated 30.03.2022. Challenging the same, the petitioner has come up with this Writ Petition.

4. Learned counsel for the petitioner submits that though this Writ Petition has been filed seeking the larger relief, the effective remedy for the petitioner being available before the Revenue Divisional Officer, he may be permitted to file an appeal before the Revenue Divisional Officer as against the order impugned in this Writ Petition.

5. On the above contention, heard the learned Government Advocate appearing for the Respondents.

6. In view of the fair stand taken by the learned counsel for the petitioner as to the remedy available before the Revenue Divisional Officer, this Court without interfering with the order impugned in this petition, permits the petitioner to file an appeal before the Jurisdictional Revenue Divisional Officer, within a period of two weeks from the date of receipt of a copy of this order. If any such appeal is filed, the Jurisdictional Revenue Divisional Officer is directed to pass appropriate orders on the same in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as the aggrieved persons, if any, as expeditiously as possible.

7. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar (CS III) //True Copy// Sub Assistant Registrar NHS

To 1.The District Collector, Collector of Chennai, Sigaravelar Maligai 4th Floor, Rajaji Salai, Chennai-600 029.

2.The Tahsildar, Aminjikarai Circle, Shenoy Nagar, Chennai-600 030.

+1 cc to Mr.M.Balasubramanian Advocate sr27104 +1 cc to the Government Pleader High Court, Madras sr 28165 W.P.No.9735 of 2022 ev(co) aa07/06/2022