M/S.Npr Finance Limited v. Chennai Metropolitan Development Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.13714 of 2021 M/s.NPR Finance Limited, rep. by its Authorised Signatory Mr.Dhruv Thodi ... Petitioner Vs.
1.Chennai Metropolitan Development Authority, rep. By its Member Secretary, Thalamuthu Maligai Buildings, Egmore, Chennai-8.
2.The District Revenue Officer, Kancheepuram.
3.The Special Tahsildar (Land Administration), Maraimalainagar, Kattangulathur, Chengalpet Dt.
4.The Tahsildar, Taluk Office, Chengalpattu.
... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondents to consider my representation dated 08.02.2021 and consequently direct the 4th respondent to issue patta for the land measuring 87 cents in Survey Nos.547/1, 545/5 and 545/6 at Thirukatchur Village, Maraimalainagar, Chengalpet District. For Petitioner :
Ms.Reshmi Christy For Respondents :
Mr.Yogesh Kannadasan, Government Advocate for R1 to R4
O R D E R
(The case has been heard through video conference) The Writ Petition has been filed seeking a direction directing the respondents to consider the representation of the
petitioner dated 08.02.2021 and consequently direct the 4th respondent to issue patta in favour of petitioner.
2. Earlier, this Court by an order dated 09.11.2020 in W.P.No.13315 of 2020 had issued a direction directing the 3rd respondent therein to process the representation made by the petitioner and issue patta in favour of petitioner within a period of six weeks. The relevant portion of order reads as follows :- "11. In view of the above discussion, this Court has absolutely no hesitation to interfere with the impugned letter of the 1st respondent dated 21.10.2011 and accordingly, the same is hereby quashed. There shall be a direction to the 3rd respondent to process the representation made by the petitioner and issue patta for the subject property in the name of the petitioner within a period of six weeks from the date of receipt of a copy of this order."
In pursuant to the same, the petitioner said to have approached the 3rd respondent herein. The 3rd respondent in and by its proceedings dated 25.02.2021 has referred the matter to the 4th respondent stating that he has no authority to consider the application for granting patta and the 4th respondent is the competent authority for granting patta and pass suitable orders. But, without approaching the 4th respondent herein, the petitioner has filed the present Writ Petition with the above said prayer.
3. Considering the fact that, now the 4th respondent said to be the competent authority to consider petitioner's application for granting patta, the petitioner is directed to make necessary application before the 4th respondent as per the order dated 09.11.2020 passed by this Court in W.P.No.13315 of 2020 within a period of two weeks from the date of receipt of copy of this order. On filing such application, the 4th respondent is directed to consider petitioner's application and pass suitable orders on merits in accordance with law after hearing the petitioner as well as other interested parties, if any within a period of twelve weeks thereafter. Accordingly, this Writ Petition stands disposed of with the above direction. No costs. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar rpp
To 1.Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Maligai Buildings, Egmore, Chennai-8.
2.The District Revenue Officer, Kancheepuram.
3.The Special Tahsildar (Land Administration), Maraimalainagar, Kattangulathur, Chengalpet Dt.
4.The Tahsildar, Taluk Office, Chengalpattu.
+1cc to the Government Pleader, S.R.No.31186 W.P.No.13714 of 2021 RSV(CO) RVM(20/07/2021)