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Madras High CourtWP/13786/2017disposed of

K.Mallaiyan v. The Competent Authority

2017-06-19Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.13786 of 2017 K. Mallaiyan ... Petitioner Vs.

1. The Competent Authority Constituted under the Urban Land Ceiling Act (T. Nagar) Presently functioning at No.130, R.K. Mutt Road, Mylapore, Chennai - 600 004.

2. The Tahsildar, Velachery Taluk, No.113, V.V.Koil Street, Tharamani Looft Road, Chennai - 600 042.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to issue modified Patta bearing New Town Survey Number instead of Old Survey Number in respect of the property situated in Plot No.12, V.O.C Nagar, 3rd street, Velacherry, Chennai - 600 042 within a time frame.

For Petitioner : Mr. E. Vijay Anand For Respondents : Mr.A.N. Thambidurai, Special Government Pleader

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents to issue modified patta bearing New Town Survey Number instead of old Survey Number in respect of the property situated in No.12, V.O.C Nagar, 3rd street, Velacherry, Chennai - 600 042. 2.The learned counsel appearing for the petitioner submitted that the patta was issued in favour of the petitioner mentioning the old Survey Number and that the petitioner had given representations dated 03.08.2016, 19.08.2016, 22.08.2016,

05.04.2017 and 12.05.2017 for issuance of new patta mentioning the New Town Survey Number.

3.Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents submitted that the second respondent may be directed to consider the petitioner's representations in accordance with law, for the issuance of new patta mentioning the New Town Survey Number instead of Old Survey Number.

4.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I direct the second respondent, to consider the petitioner's representations dated 03.08.2016, 19.08.2016, 22.08.2016, 05.04.2017 and 12.05.2017 and pass orders for issuance of fresh patta mentioning the New Town Survey Number, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar va/nl To

1. The Competent Authority Constituted under the Urban Land Ceiling Act (T. Nagar) Presently functioning at No.130, R.K. Mutt Road, Mylapore, Chennai - 600 004.

2. The Tahsildar, Velachery Taluk, No.113, V.V.Koil Street, Tharamani Looft Road, Chennai - 600 042.

+1cc to Mr.E.Vijay Anand, Advocate Sr. 42982 +1cc to the Government Pleader, Sr. 43613 W.P.No.13786 of 2017 SV(CO) VR(27/06/2017)