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Madras High CourtWP/15515/2019disposed of

Suresh Bafna v. The District Collector

2021-09-16Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2021

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.15515 of 2019 Suresh Bafna ... Petitioner -vs1. The District Collector, Kancheepuram District Kancheepuram - 631 501.

2. The Thasildar, Pallavaram Taluk, Pallavaram, Chennai - 600 043.

... Respondents PRAYER :

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to dispose the representation dated 23.07.2018 for grant of patta to petitioner's (i) land bearing Survey No. 92/4B part, Paimash Nos. 691, 693 and 694 measuring 2200 sq.ft, and (ii) land bearing Survey No. 91 part, 92/3B, Paimash Nos. 691, 693 and 694 admeasuring 2400 sq.ft both lands situated in Pammal Village, Pallavaram Taluk, Kancheepuram District, within the Registration District of Chennai - South and Registration SubDistrict of Pammal. For Petitioner : Ms.C.Harini For Respondents : Mr.Yogesh Kannadasan Government Advocate

O R D E R

This Writ Petition has been filed to direct the respondents to dispose the representation dated 23.07.2018 for grant of patta to petitioner's (i) land bearing Survey No. 92/4B part, Paimash Nos. 691, 693 and 694 measuring 2200 sq.ft, and (ii) land bearing Survey No. 91 part, 92/3B, Paimash Nos. 691, 693 and 694 admeasuring 2400 sq.ft both lands situated in Pammal

Village, Pallavaram Taluk, Kancheepuram District, within the Registration District of Chennai - South and Registration SubDistrict of Pammal.

2. The case of the petitioner is that the petitioner had purchased the land bearing Survey No. 92/4B part from one K.R.Raju represented by his Power of Attorney agent Mr.Dinesh Jain as per registered deed of sale dated 14.04.1995 vide Document No. 1864 of 1995 before the Sub-Registrar Office, Pallavaram. The said K.R.Raju had earlier appointed one Dinesh Jain as his Power of Attorney agent as per Power of Attorney Deed dated 21.06.1993. The said K.R.Raju had earlier purchased the land bearing Survey No. 92/4B from one Venu as per registered deed of sale dated 05.11.1990 vide Document No. 4469 of 1990 before the Sub-Registrar Office, Pallavaram.

3. It is stated that the petitioner had purchased the land bearing Survey No.91 part from one Mythili representation by her Power of Attorney agent Mr.Dinesh Kumar as per registered deed of sale dated 14.04.1995 vide Document No. 1865 of 1995, before Sub-Registrar Office, Pallavaram. The said Mythili had earlier appointed Dinesh Kumar as her Power of Attorney agent as per Irrevocable Power of Attorney Deed dated 03.06.1993. The said Mythili had earlier purchased the said property from one Muthuraman as per registered deed of sale dated 30.11.1989 vide Document No. 3974 of 1989, before Sub-Registrar, Pallavaram.

4. Further, it is submitted that, the petitioner is in absolute possession and enjoyment of the above mentioned properties and the petitioner has given representation to the second respondent for issuance of patta and also submitted relevant documents and the same has not been considered by the respondents. Hence, with no other opportunity, the petitioner has filed this Writ Petition with the above prayer.

5. Heard Ms.C.Harini, learned counsel for the petitioner and Mr.Yogesh Kannadasan, learned Government Advocate appearing for the respondents.

6. The learned Government Advocate appearing for the respondents on instructions would submit that on 14.09.2021 vide Na.Ka.No.1494/2021, the Tahsildar, Pallavaram has issued a notice to the petitioner for enquiry on 24.09.2021 about 3.00 p.m. Hence, the petitioner is directed to appear before the said authority on the said day and after completing the enquiry, the Tahsildar shall pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.

7. Accordingly, the Writ Petition is disposed of. However, there shall be no order as to costs.

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

1. The District Collector, Kancheepuram District Kancheepuram - 631 501.

2. The Thasildar, Pallavaram Taluk, Pallavaram, Chennai - 600 043.

+1cc to the Government Pleader, S.R.No.47861 W.P.No.15515 of 2019 RLD(CO) CS/12/10/2021 16.09.2021