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Madras High CourtWP/11824/2024allowed

Mr.M.Jayakumar, v. The Collector,

2024-04-30Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR M.Jayakumar .. Petitioner

Versus

1. The Collector, Singara Velan Maligai, Chennai - 600 001.

2. The Tahsildhar, Ayanavaram Taluk, Ayanavaram, Chennai - 600 023.

3. The Perambur Co-operative Building Society, Limited, Rep. by its Secretary, Door No.12, First Circular Road, Jawahar Nagar, Chennai - 600 082.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to quash the letter issued by the 2nd Respondent in Serial No.2019/0105/01/193088 and to direct the 2nd respondent to issue patta forthwith to the Petitioners property situated at Plot no.110 in Class B as per tax assessment Old door no. 11 new Door No. 24 1st Circular Road Jawahar Nagar Chennai -600 082 comprised in R.S.No. 291 287/3 288 297/3 289 and 290 T.S. No.88 of Block No. 36 of Peravallur Village Purasawalkam-Perambur Taluk within the limit of Chennai Corporation measuring to an extent of 3573 Sq.ft. 1/5

For Petitioner : Mr.S.Thiruvengadam For Respondents : Mr.G.Ameedius Government Advocate - R1 & R2 Mrs.R.L.Karthiga, Government Advocate - R3

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to quash the letter issued by the second respondent in Serial No.2019/0105/01/193088 and to direct the second respondent to issue patta forthwith to the Petitioners property situated at Plot no.110 of Peravallur Village, Purasawalkam-Perambur Taluk within the limit of Chennai Corporation measuring to an extent of 3573 Sq.ft.

3. Heard learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

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4. It is the case of the petitioner that he had approached the second respondent for issuance of patta to his property and his request has not been considered by the second respondent. Hence, the petitioner sent a representation to the first respondent and the same has been forwarded to the second respondent. The second respondent by an Order dated 16.09.2019, rejected the request of the petitioner without assigning any reason. Hence, the present Writ Petition.

5. The learned counsel appearing for the Government Advocate appearing for the first and second respondents fairly submitted that the impugned Order cannot be sustained and if the matter is remanded back with a direction to pass a detailed, it would be suffice.

6. A perusal of the impugned Order indicate that the Order is without any details and no reason whatsoever has been assigned for rejecting the request of the petitioner. In such view of the matter, this Writ Petition is allowed and impugned letter dated 16.09.2019 of the respondent is quashed. The matter is remanded back to the second respondent and the second respondent is directed to pass a detailed Order in accordance with law after affording opportunity to the petitioner and considering the various documents 3/5

produced by the petitioner within a period of two months from the date of receipt of a copy of this order. No costs.

30.04.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,

1. The Collector, Singara Velan Maligai, Chennai - 600 001.

2. The Tahsildhar, Ayanavaram Taluk, Ayanavaram, Chennai - 600 023.

3. The Perambur Co-operative Building Society, Limited, Rep. by its Secretary, Door No.12, First Circular Road, Jawahar Nagar, Chennai - 600 082.

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N. SATHISH KUMAR , J.

vrc W.P.No.11824 of 2024 30.04.2024 5/5