P.Sharadha v. The Commissioner Of Survey

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Petition No.31547 of 2015 P.Sharadha ... Petitioner Vs

1. The Commissioner of Survey and Settlement, Ezhilagam, Chepauk, Chennai - 14

2. The Collector, Kancheepuram District,

3. The District Revenue Officer,

4. The Tahsildar, Sriperumbudur Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to issue Patta in favour of the petitioner with respect to her share of the land, measuring 9.87 cents comprised in Survey Number 310/1 in No.51 Nemili B, Beemanthangal Village, Sriperumbudur Taluk, Kancheepuram District, in accordance with the order of the first respondent in Na.Ka.No.I1/5345/2011 dated 01.06.2011 and the recommendation of the fourth respondent in Na.Ka.No.1291/2014 dated 11.05.2015.

For Petitioner : Mr. Duraisami, Sr. Counsel, for M/s. Muthumani Doraisami For Respondents : Mr. R.A.S.Senthilvel, AGP.,

O R D E R

Mr.R.A.S.Senthilvel, learned Additional Government Pleader, takes notice for the respondents. By consent of the learned counsel appearing for both sides, the writ petition is taken up for final disposal at the admission stage itself.

2. Heard the learned counsel appearing for both sides.

3. The petitioner has approached the second respondent seeking issuance of Patta with respect to her share of the land, measuring 9.87 cents comprised in Survey Number 310/1 in No.51 Nemili B, Beemanthangal Village, Sriperumbudur Taluk, Kancheepuram District. The said request has been made, basing reliance upon the proceedings of the first respondent dated 01.06.2011 and the order passed by this Court in W.P.No.25916 of 2012, dated 10.01.2014.

In pursuant to the representation of the petitioner dated 05.11.2014, the third respondent has sent a communication to the Revenue Divisional Officer, Kancheepuram, in Na.Ka.9585/2014/No.3 dated 13.02.2015 to send his report, after due consideration of the report of the fourth respondent. Thereafter, the fourth respondent has also sent his recommendations in Na.Ka.1291/2014/A1, dated 11.05.2015. As no further action is forthcoming, the present writ petition has been filed by the petitioner.

4. Taking into consideration the above said facts, without going into the merits of the case, a direction is hereby issued to the second respondent to pass appropriate orders, by taking into consideration the proceedings of the first respondent dated 01.06.2011, order passed in W.P.No.25916 of 2012, dated 10.01.2014, and the proceedings of the fourth respondent dated 11.05.2015, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of accordingly. No costs. Srk Sd/- Assistant Registrar (CS) /True Copy/ Sub-Assistant Registrar To

1. The Commissioner of Survey and Settlement, Ezhilagam, Chepauk, Chennai - 14

2. The Collector, Kancheepuram District,

3. The District Revenue Officer,

4. The Tahsildar, Sriperumbudur Taluk, +1 C.C. To MR.Muthumani Doraisami, Advocate in SR.NO.54095 +1 C.C. To Government Pleader in SR.NO.54413 of 2015 W.P.No.31547 of 2015 AK(CO) SD : 20/10/2015