← Library
Madras High CourtWP/13748/2021disposed of

Mrs.Yasmin Dsouza v. The Revenue Divisional Officer

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.13748 of 2021 Mrs.Yasmin D'Souza, W/o. Trevelyan John D'Souza, rep. By her General Power of Attorney Mr. Trevelyan John D'Souza ... Petitioner Vs.

1. The Revenue Divisional Officer, Chengalpattu District.

2. The Tahsildar, Thiruporur Taluk, Thiruporur.

3. The Tamil Nadu Road Development Company Ltd., No.171, 2nd Floor, TNMB Building, South Kesavaperumal Puram, Greenways Road, Raja Annamalaipuram, Chennai-28.

... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd Respondent to grant new patta for an extent of 68 cents comprised in Survey Nos.12/4, 12/5A, 12/6A, 12/12A and 12/13 in No.45, Kunnukaadu Village, Chengalpet Taluk based on the petitioner's representation dated 08.03.2019. For Petitioner :

Mr.B.Bharath For Respondents :

Mr.K.M.D.Muhilan, Government Advocate

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 grant new patta for the petitioner's property in Survey Nos.12/4, 12/5A, 12/6A, 12/12A and 12/13 situate at Kunnukaadu Village, Chengalpet Taluk based on the petitioner's representation dated 08.03.2019.

2. The grievance of the petitioner is that, he has purchased an extent of 68 cents in Survey Nos. 12/4, 12/5A, 12/6A, 12/12A and 12/13 situate at Kunnukaadu Village, Chengalpet Taluk. While granting patta, the 2nd respondent Tahsildar has mistakenly given a patta only an extent of 58 cents. Hence, the petitioner has made an application to issue patta for the remaining extent of 10 cents. After receipt of application, the 2nd respondent has also directed the Assistant Commissioner, Archives, to send documents in the month of March 2020. Thereafter, so far, no action taken by the 2nd respondent and no order has been passed on the petitioner's application. Hence, the present writ petition has been filed by the petitioner.

3. Mr.B.Bharath, learned counsel appearing for petitioner would submit that, the petitioner's application seeking for patta was submitted in the month of March 2020 and the same is still pending. Hence, the 2nd respondent may be directed to consider petitioner's application and pass suitable orders on merits within a time frame to be fixed by this court.

4. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the 2nd respondent is directed to consider the petitioner's application and to pass suitable orders on merits in accordance with law after hearing the petitioner 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. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rpp To

1. The Revenue Divisional Officer, Chengalpattu District.

2. The Tahsildar, Thiruporur Taluk, Thiruporur.

3. The Tamil Nadu Road Development Company Ltd., No.171, 2nd Floor, TNMB Building, South Kesavaperumal Puram, Greenways Road, Raja Annamalaipuram, Chennai-28.

+1cc to M/s.B.Sharmila, Advocate, S.R.No.30709 (22/09/2021) W.P.No.13748 of 2021 RSV(CO) SU(26/07/2021)