Madras High CourtWP/13761/2021disposed of

V.K.Kasthuri Kandaswamy v. The District Collector,

2021-07-02Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.13761 of 2021 and W.M.P.No. 14605 of 2021 V.K.Kasthuri Kandaswamy, S/o.late V.D.Kothandapani Mudhaliyar ... Petitioner Vs.

1. The District Collector, Master Plan Complex NH 205, Chennai-Tiruttani Highway, Tiruvallur - 602 001.

2. The District Revenue Officer, Master Plan Complex NH 205, Chennai-Tiruttani Highway, Tiruvallur - 602 001.

3. The Revenue Divisional Officer, 5-73, SH 112, Gandhi Nagar, Anna Nagar West Extension, Ambattur, Chennai-40.

4. The Tahsildar, Railway Station Road, NGO Nagar Extension, Ponneri-601 204.

5. The Sub-Registrar, Redhills Registrar Office, Sotthupakkam, Palavayal, Redhills, Thiruvallur.

6. Shri Jayaraman S/o. Sakkarai ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd Respondent to complete the enquiry within time frame in so far as to the petitioner's land comprising Survey No.13/2B2 measuring an extent of 29 cents of Sirugavoor Village, Madhavaram Taluk, Thiruvallur District and grant patta in the name of petitioner and other co-owners in accordance with law.

For Petitioner : Mr.V.Srinivasa Babu For Respondents : Mr.K.M.D.Muhilan, Government Advocate for R1 to R5

O R D E R

(The case has been heard through video conference) The Writ Petition has been filed seeking a direction directing the 2nd respondent to complete the enquiry within time frame in respect of petitioner's land in Survey No.13/2B2 and grant patta in his favour.

2. In view of the order is going to be passed in the present Writ Petition, which will not prejudice the interest of the 6th respondent, notice to the 6th respondent is dispensed with.

3. The grievance of the petitioner is that, he has made an application before the 2nd respondent against the order issuing Patta during UDR scheme as early as on 21.07.2016. Thereafter, several enquiry have been conducted by the 2nd respondent. Since the contesting party has not appeared, he is going on adjourning the enquiry and finally, enquiry was posted on 25.02.2021. So far, the enquiry was not completed and no order has been passed on it. Hence, the present writ petition has been filed by the petitioner.

4. Mr. V.Srinivasa Babu, learned counsel appearing for petitioner would submit that, the petitioner's application is pending from the year 2016. Hence, the 2nd respondent may be directed to conclude the enquiry and pass suitable orders within a time frame to be fixed by this Court.

5. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the 2nd respondent is directed to complete the enquiry and to pass suitable orders on merits in accordance with law after hearing the petitioner as well as 6th respondent within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs. Consequently, the connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar Rpp