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Madras High CourtWP/15141/2022disposed of

Mr. S.Ashok Kumar v. The District Collector

2022-06-20Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.15141 of 2022 1.S.Ashok Kumar 2.S.Naresh Kumar 3.S.Suresh Kumar

...Petitioners

versus

1. The District Collector, Chennai District, Singaravelar Maligai, Collectorate Road, Balavinayagar Nagar, Chennai - 600 001.

2. The Tahsildar, Mambalam Taluk Office, K.K.Nagar, Chennai - 600 078.

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the 2nd respondent to issue patta in the name of the petitioners for the land measuring an extent of 273 sq.ft. and 282.75 sq.ft., comprised in Grama Natham R.S.No.178/1 Part, Block No.9, T.S.No.77, Mambalam Taluk, Chennai District, by considering the petitioners' representation dated 05.02.2022. For Petitioners : Mr.A.C.Kumaragurubaran For Respondents : Mr.R.P.Murugan Raja Government Advocate

O R D E R

The petitioners have filed this Writ Petition seeking issuance of a Writ of Mandamus, to direct the 2nd respondent to issue patta in their names for the land measuring an extent of 273 sq.ft. and 282.75 sq.ft., comprised in Grama Natham R.S.No.178/1 Part, Block No.9, T.S.No.77, Mambalam Taluk, Chennai District, by considering the petitioners' representation dated 05.02.2022.

2.The learned Government Advocate takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this petition is taken up for final disposal.

3.The case of the petitioners is that, they have purchased the properties comprised in Grama Natham R.S.No.178/1 Part, Block No.9, T.S.No.77, measuring an extent of 273 sq.ft. and 282.75 sq.ft., situated at Mambalam Taluk, Chennai District and the same were purchased by them from one Noorjehan and Hasina Bi, vide two registered Sale Deeds dated 17.05.1995 and 19.05.1995 in Document Nos.1832 and 1841 of 1995 respectively on the file of SRO, Virugambakkam and they are in absolute possession and enjoyment of the said land. Whileso, the petitioners made a representation dated 05.02.2022 before the 2nd respondent for issuance of patta, however, till date, no orders have been passed on the same. Hence, this Writ petition. 4.

Though very many grounds have been raised, the learned counsel for the petitioners submitted that it would suffice, if this Court issues direction to the 2nd respondent to consider the petitioners' representation dated 05.02.2022 on merits and issue patta in their favour as expeditiously as possible. 5.The learned Government Advocate appearing on behalf of the respondents has no serious objection for said order being passed and he fairly conceded that the petitioners' representation dated 05.02.2022 will be considered and appropriate orders will be passed within the time frame that may be fixed by this Court. 6.In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 2nd respondent to consider the petitioners' representation dated 05.02.

2022 on merits and pass appropriate orders in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7.This Writ Petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sri

To

1. The District Collector, Chennai District, Singaravelar Maligai, Collectorate Road, Balavinayagar Nagar, Chennai - 600 001.

2. The Tahsildar, Mambalam Taluk Office, K.K.Nagar, Chennai - 600 078.

+1cc to M/s.A.C.Kumarakurubaran, Advocate, S.R.No.36883 +1cc to the Government Pleader, High Court, Madras, S.R.No.37424 W.P.No.15141 of 2022 AK-II(CO) RGA(06/07/2022)