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Madras High CourtWP/16704/2024disposed of

J.Benjamin v. The Sub-Collector

2024-06-27Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.16704 of 2024 J.Benjamin .. Petitioner

Versus

1. The Sub Collector, office of the Collector, Chengalpet - 603 001.

2. The Secretary, Land Survey Department, Secretariat, St. George Fort, Chennai - 600 009.

3. The Commissioner, Vandalur Municipality, Chengalpet.

4. The District Revenue Officer, O/o.the District Revenue Officer, Chengalpet.

5. The Tahsildar, O/o.the Tahsildar, Vandalur Taluk Office, Guduvanchery - 603 202.

6. N.Ravi .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the fifth respondent to measure land and to issue patta, land situated at Plot no.15-A, Kanniyappa Nagar in Old Patta No.971 and New Survey No.156/3B2, to an extent of 1200 sq.ft. based 1/5

on the online dated 31.10.2020 and survey No.89/1 Part, and 156/3 Part Sub Division Patta Transfer No.2022/0105.35.399555, dated 31.10.2022. For Petitioner : Mr.B.Chandran For Respondents : Mr.A.Selvendran Special Government Pleader- R1 to R5

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 direct the fifth respondent to measure land and to issue patta, land situated at Plot no.15-A, Kanniyappa Nagar in Old Patta No.971 and New Survey No.156/3B2, to an extent of 1200 sq.ft. based on the online dated 31.10.2020 and survey No.89/1 Part, and 156/3 Part Sub Division Patta Transfer No.2022/0105/35/399555, dated 31.10.2022.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 5 and perused the materials available on record.

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4. The case of the petitioner is that as the legal heir of one James Watt, the petitioner is the absolute owner of the subject property. The grievance of the petitioner is that though he has given several representations to measure his land and for issuance of patta in the name of the petitioner, the fifth respondent has not taken action in this regard. Hence, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, the fifth respondent is directed to consider the online application of the petitioner dated 31.10.2022 and pass appropriate orders on the same, after giving notice to the neighbouring land owners and any other interested persons, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 27.06.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No 3/5

To,

1. The Sub Collector, office of the Collector, Chengalpet - 603 001.

2. The Secretary, Land Survey Department, Secretariat, St. George Fort, Chennai - 600 009.

3. The Commissioner, Vandalur Municipality, Chengalpet.

4. The District Revenue Officer, O/o.the District Revenue Officer, Chengalpet.

5. The Tahsildar, O/o.the Tahsildar, Vandalur Taluk Office, Guduvanchery - 603 202.

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N. SATHISH KUMAR , J.

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