← Library
Madras High CourtWP/15808/2016disposed of

V.Suthanthirapandi v. The Tahsildar

2016-04-27Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.15808 of 2016 V.Suthanthirapandi ... Petitioner vs.

The Tahsildar, Tahsildar Office, Avadi, Thiruvallur District.

... Respondent Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondent to consider the representation of the petitioner dated 13.10.2015 and issue patta to the petitioner for his plot No.495A comes under Survey No.626/5 to an extent of 2400 sq.ft. situated in Kovilpathagai Village, comes under Thiruvallur District.

For Petitioner : Mr.D.Muthukumar For Respondent : Mr.K.Balamurugan, Govt. Advocate.

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondent to consider his representation dated 13.10.2015 and issue patta in his favour in respect of plot No.495A comes under Survey No.626/5 measuring to an extent of 2400 sq.ft. situated in Kovilpathagai Village, comes under Thiruvallur District.

3. It is the case of the petitioner that he is a retired army personal and after his retirement, he purchased a land in plot No.495A comes under Survey No.626/5 measuring to an extent of 2400 sq.ft. situated in Kovilpathagai Village, comes

under Thiruvallur District, vide document No.8412 / 2006 dated 14.7.2006. During the year 2014, he decided to develop his property and hence, he made an application for grant of patta to the respondent on 29.9.2014 and its RPT Number is 7579/2014. Though he visited the office of the respondent on several times, no action was taken on his application. Thereafter, on 30.6.2015, he was informed by the official of the respondent that his application for patta along with RI report was misplaced and thereby, the petitioner was advised to come after some period of time. Finally, in the month of September 2015, he requested the respondent to provide him patta. But, no action was taken on his application. In these situation, he has made a written representation dated 13.10.

2015 to the respondent requesting him to consider his application and issue patta. Though the respondent received his written representation on 14.10.2015, till date, no steps were taken by the respondent. Hence, left with no other alternative, the petitioner has come up with the present writ petition for the relief set out earlier.

4. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate, who has taken notice on behalf of the respondent.

5. Considering the facts and circumstances of the case and considering the submissions made on either side, this Court directs the respondent to consider the written representation made by the petitioner dated 13.10.2015, by affording an opportunity of personal hearing to the petitioner as well as to the other necessary parties, if any, and pass appropriate orders / take appropriate action, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to merits of the claim projected by the petitioner and it is for the respondent to consider the claim of the petitioner strictly on merits and in accordance with law. The writ petition is disposed of accordingly. No costs.

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

To The Tahsildar, Tahsildar Office, Avadi, Thiruvallur District.

+1cc to Mr.D. Muthukumar, Advocate, S.R.No.26476 +1cc to the Government Pleader, S.R.No.26847 RSY(CO) EU(31/05/2016) W.P.No.15808 of 2016