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Madras High CourtWP/18737/2019disposed of

Suresh Bafna v. The District Collector

2021-08-16Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2021

CORAM:

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No. 18737 of 2019 Suresh Bafna ... Petitioner Vs.

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

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

... 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 respondents to dispose the representation dated 23.07.2018 for grant of patta to petitioner's lands bearing S.No.183 Part, Plot No. 11 and Plot No.12 each measuring 2000 sq.ft. in Lakshmi Nagar, in Sikkarayapuram Village, Pallavaram Taluk, Kancheepuram District, within the Registration District of Chennai South and Registration Sub-District of Kundrattur, within a time frame fixed by this Hon'ble Court.

For Petitioner :

Mr.M.V.Seshachari For Respondents :

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

O R D E R

(This case has been heard through video conference) The petitioner has made a representation on 23.07.2019 seeking for grant of patta for the lands bearing Survey No.183 (Part), in Plot No. 11 and another Plot No. 12, each measuring to an extent of 2000 sq.ft. in Sikkarayapuram Village, Pallavaram Taluk, Kancheepuram District.

2. The petitioner claims that he has purchased the said property by registered sale deed dated 12.12.1994 and the sale deed has been registered in document No.4539 of 1994 on the file of Sub-Registrar Office at Kundrathur.

The petitioner thereafter has sought issuance of patta and in this connection, he has made a representation on 23.07.2018.

3. A status report has been filed by the Tahsildar, wherein, it has been stated that the particular survey number has been sub-divided into 23 subdivisions and patta was also issued. However, it has been stated that the petitioner has not submitted proper documents including FMB and also was not able to identify his land.

4. Hence, the petitioner is directed to apply fresh for grant of patta through online and pay necessary charges and on receipt of application, a direction is issued to the Tahsildar/ 2nd respondent to comply with his request, issue notice to the petitioner, examine the documents of the petitioner and thereafter, take a decision with respect to the sub-dividing of existing land and grant patta to the petitioner herein. The petitioner is also expected to submit all the required documents as are necessary for this purpose before the 2nd respondent/Tahsildar. The petitioner may apply fresh through online within a period of two weeks and thereafter, on receipt of such application, the 2nd respondent/Tahsildar is directed to dispose the petitioner's representation within a period of twelve weeks from the date of receipt of this order.

5. With the above said observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rpp To 1.The District Collector, Kancheepuram District, Kancheepuram - 631 501.

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

+1cc to Government Pleader Sr No.41367 W.P. No. 18737 of 2019 NRL (CO) PR (31/08/2021)