P.Krishnamurthy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 08.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.19973 of 2015 P.Krishnamurthy ... Petitioner

Versus

1. The District Collector Kancheepuram District Kancheepuram

2. Divisional Revenue Officer Kancheepuram District Kancheepuram

3. The Tahsildar No.3 First Street Kumaran Nagar Near Rajiv Gandhi Salai Sholinganallur Chennai-119

4. The Village Administrative Officer Sunnambu Kolathur Village Kovilambakkam Chennai-117 ... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 3rd respondent herein to issue patta after subdividing the land based on the petitioners application dated 22.8.2014 and acknowledgment issued by the 4th respondent under serial No.85/2014 dated 1.9.2014 within time frame.

For Petitioner : M/s.Genicon and Associates For Respondents : Mr.R.Vijayakumar Additional Government Pleader

O R D E R

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

2. The petitioner claims to be the owner of the vacant land admeasuring to an extent of 1287.5 sq.ft situated at eastern portion of Plot No.249, Maxworth Nagar comprised in Survey Nos.393/11A1 (part) and 393/11A2 (part) as per Patta No.1848 and Survey No.393/1C, No.153-Sunnambu Kolathur/97-Madipakkam-II

Village, Sholinganallur Taluk, (formerly Tambaram Taluk), Kancheepuram District, by means of a registered sale deed bearing Document No.6398 of 2014 on the file of the Sub Registrar, Pallavaram.

3. The petitioner further claims that he is in absolute possession and enjoyment of the property. It is stated by the petitioner that Patta No.1848 was issued in favour of the previous vendor Thiru.V.Gnanakumar and his name has been updated in all the relevant records and after purchasing the property, the petitioner submitted an application dated 22.08.2014 before the 4th respondent praying for issuance of new patta in his name, after subdividing the land and complied with all procedural formalities. Since, no response is forthcoming, the petitioner also submitted reminder dated 10.06.2015 and though, it was acknowledged, no orders came to be passed and hence, has come forward to file this writ petition.

4. Heard the submissions of the learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

5. This Court, taking into consideration the above facts and circumstances and without going into the merits of the claim projected by the petitioner in this writ petition, directs the 3rd respondent to consider the petitioner's representation dated 22.08.2014 as well as the reminder dated 10.06.2015, in accordance with law, after putting on notice the persons concerned and pass orders within a period of six weeks, from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the persons concerned.

6. The writ petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ars To

1. The District Collector Kancheepuram District Kancheepuram

2. Divisional Revenue Officer Kancheepuram District Kancheepuram

3. The Tahsildar No.3 First Street Kumaran Nagar Near Rajiv Gandhi Salai Sholinganallur Chennai-119

4. The Village Administrative Officer Sunnambu Kolathur Village Kovilambakkam Chennai-117 +1cc to M/s.Genicon & Associates, Advocate, S.R.No.34239 +1cc to the Government Pleader, S.R.No.34724 W.P.No.19973 of 2015 KK(CO) CA(22/07/2015)