Cinna Ponnu v. The Special Thasildar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 29.06.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.16903 of 2015 1 Cinna Ponnu 2 Vijayan 3 C.Ramu @ Ramamoorthy 4 C.Anthony 5 C.Muthu 6 C.Soundararajan 7 Rose 8 C.Manivannan 9 Karpagam 10 C.Parkunan 11 C.Parthiban 12 Durai Singh 13 C.Sivalingam 14 Bairavan 15 Rani 16 J.Rajkumar S/o.Jayapal Power Agent representing his Principals 1st to 15th petitioners ... Petitioners
Versus
The Special Thasildar Town Land Tax Scheme Pallavaram Municipality Pallavaram Chennai-44.
... Respondent Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, to direct the respondent to issue patta in survey Nos.301/14 to an extent of 9 cent and 302/3 to an extent of 11.5 cent in Kelkattalai Village Alandur Taluk Kancheepuram pursuant to the representation dated 27.5.2015.
For Petitioners : Mr.V.Karnan For Respondent : Mr.V.Subbiah Special Government Pleader
O R D E R
By consent, the writ petition is taken up for final disposal.
2. The petitioners claim that the house and landed property comprised in S.No.301/14, admeasuring to an extent of 9 cents and S.No.302/3, admeasuring to an extent of 11.5 cents, situated at Kelkattalai Village, Alandur Taluk, Kancheepuram District, with Patta No.1250 was originally an ancestral property and by succession, the petitioners have derived their right. The petitioners 1 to 15, had also granted the power of attorney in favour of the 16th petitioner and also produced necessary documents for registration of Power of Attorney and however, the respondent has left the document pending in D.No.P27/2015 dated 28.01.2015 and when the petitioners approached the respondent, he insisted for getting No Objection Certificate from Tamilnadu Housing Board and it was also pointed out that the land acquisition proceedings were quashed by this Court vide order dated 11.06.1999 and in W.P.No.20300 of 1994.
3. It is the specific case of the petitioners that though, the Sub Registrar, Pallavaram was also aware of the fact of the quashing of the land acquisition proceedings of the Tamil Nadu Housing Board, vide the above order, he is repeatedly insisting for No Objection Certificate from Tamil Nadu Housing Board and in this regard, a representation dated 24.02.2015 was submitted and since no action was taken, the petitioners filed W.P.No.6534 of 2015 for release of the document and this Court, has disposed of the writ petition by issuing appropriate direction and in compliance of the same, the pending document was registered as 3891 of 2015. Thereafter, the petitioners had approached the respondent for issuance of patta and since, no action has been taken, sent an application/representation dated 27.05.2015 for transfer of patta and since, no response is forthcoming, they were constrained to file this writ petition.
4. Heard the submissions of the learned counsel appearing for the petitioners and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice for the respondent.
5. Though, the petitioners have sought for a larger relief, this Court, taking into consideration the facts and circumstances of this case and without going into the merits of the claim projected in this writ petition, directs the respondent to consider the petitioners representation dated 27.05.2015, in accordance with law, and pass orders, as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners.
6. The writ petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ars To The Special Thasildar Town Land Tax Scheme Pallavaram Municipality Pallavaram Chennai-44.
+1cc to Mr.V.Karnan, Advocate, S.R.No.31991 +1cc to the Government Pleader, S.R.No.32094 W.P.No.16903 of 2015 BVR(CO) CA(07/07/2015)