← Library
Madras High CourtWP/10044/2021disposed of

Mahaveer Property Developers, v. The District Collector

2021-04-28Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition No.10044 of 2021 Mahaveer Property Developers, rep. By its Partner Monica, W/o. Suresh Kumar ... Petitioner -Vs1. The District Collector, Hosur District, Hosur.

2. The Sub-Collector, Hosur-635 109.

3. The Tahsildar, Hosur Town and Taluk, Krishnagiri Dt.-635 109.

...Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondents to issue patta in favour of petitioner for Survey Nos. 702, 703, 704, 705/1, 705/3 and 706/1 admeasuring totally an extent of 7.58 acres in Hosur Village and District. For Petitioner :

Mr.V.Raghavachari For Respondents :

Mr.S.N.Parthasarathi, Govt. Advocate

O R D E R

(The case has been heard through video conference) This Writ Petition has been filed seeking a direction directing the respondents to consider the petitioner's representation dated 04.06.2012 and to issue patta in favour of petitioner in respect of Survey Nos.702, 703, 704, 705/1, 705/3 and 706/1 admeasuring an extent of 7.58 acres, in Hosur Village and District.

2. The grievance of the petitioner is that, the petitioner has filed an application seeking for patta for the above said land as early as on 04.06.2012 and no order has been passed. Hence, he has approached this Court by way of Writ Petition in W.P.No.1612 of 2014, and this Court by an order dated 03.09.2018, directed the 3rd respondent Tahsildar to consider the representation and pass orders within a period of two weeks. Even thereafter, no order has been passed. Hence, the present Writ Petition has been filed by the petitioner.

3. Earlier, when the matter was taken up for hearing, this Court directed the learned Government Advocate to verify as to why the order was not complied with and posted the matter for hearing today.

4. Today, when the matter was taken up for hearing, Mr.S.N.Parthasarathi, learned Government Advocate would submit that now the enquiry is posted before the 3rd respondent on 20.05.2021, and the petitioner may be directed to appear for enquiry.

5. Considering the circumstances, as the enquiry has already posted for hearing on 20.05.2021, the petitioner is directed to appear for enquiry on that day and the 3rd respondent is directed to proceed with the enquiry and pass suitable orders on merits in accordance with law after giving opportunity to the petitioner within a period of four weeks thereafter. Accordingly, this Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rpp To 1 The District Collector, Hosur District, Hosur.

2. The Sub-Collector, Hosur-635 109.

3. The Tahsildar, Hosur Town and Taluk, Krishnagiri Dt.-635 109.

+1cc to Mr.V.Raghavachari, Advocate, S.R.No.26180 +1cc to special Government Pleader, S.R.No.26376 W.P.No.10044 of 2021 RP(CO) SU(13/07/2021)