Madras High CourtWP/16799/2021disposed of

R.Sembavalam v. The Secretary To Government

2021-11-26Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.16799 of 2021 R.Sembavalam ... Petitioner -Vs1. The Secretary to Government, Housing and Urban Development Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2. The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai-600 035.

3. The Executive Engineer, and Administrative Officer, K.K.Nagar Division, Tamil Nadu Housing Board, C-48, T.N.H.B Commercial Complex, Anna Nagar, 2nd Avenue, Chennai - 600 040.

4. The Special Tahsildhar, Tamil Nadu Housing Board, K.K.Nagar Division, Chennai.

5. The Tahsildar, Maduravoyal Taluk, Maduravoyal, Thiruvallur District.

6. The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Ervin Road, Egmore, Chennai - 600 008.

(R6 impleaded as per order dated 26.11.2021 in W.M.P.No.26135 of 2021 in W.P.No.16799 of 2021) ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, by directing the fifth respondent to issue the patta to the petitioner for his land and House site, bearing Plot No.92 and 93 in 1st Street, Muniappa Nagar, situated at Nerkundaram Village, Maduravoyal Taluk, Chennai District, comprise in Survey Nos.125/2 and 125/3, measuring an extent of 2700 sq.ft., land with E.B.Connection and lying within the Registration District of Chennai South and Sub Registration District of Virugambakkam.

For Petitioner : Mr.A.Ilaya Perumal For R1, R4 and R5 : Mr.Yogesh Kannadasan Special Government Pleader.

For R2 and R3 : Mr.M.Baskar, Standing Counsel.

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, by directing the fifth respondent to issue the patta to the petitioner for his land and House site, bearing Plot No.92 and 93 in 1st Street, Muniappa Nagar, situated at Nerkundaram Village, Maduravoyal Taluk, Chennai District, comprise in Survey Nos.125/2 and 125/3, measuring an extent of 2700 sq.ft., land with E.B.Connection and lying within the Registration District of Chennai South and Sub Registration District of Virugambakkam.

Heard Mr.A.Ilaya Perumal, learned counsel appearing for the petitioner, Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents 1, 4 and 5 and Mr.M.Baskar, learned counsel appearing for the respondents 2 and 3.

The case of the petitioner is that the land owned by the petitioner comprised in Survey Nos.125/2 and 125/3, admeasuring 2700 sq.ft situated at Plot Nos.92 and 93 in 1st Street, Muniappa Nagar, situated at Nerkundaram Village, Maduravoyal Taluk, Chennai District. The said land was acquired by the second respondent by the notification issued under Section 4(1) of the Land Acquisition Act, 1894 vide G.O.Ms.No.124, dated 08.05.1975 published on 11.06.1975.

Subsequently, Section 6 declaration of the Land Acquisition Act, 1894 was also issued and published on 09.06.1978. The acquisition proceedings was challenged before this Court in W.P.No.8370 and 8371 of 1986 and by an order, dated 21.01.1988, quashed the notification issued under Section 4(1) and Section 6 declaration of the Land Acquisition Act, 1894. 4.

In fact, the other adjacent land owners also challenged the acquisition proceedings in W.P.No.18379 of 1991 and by an order, dated 01.07.1999, this Court quashed the entire acquisition proceedings. In pursuant to the quashment of acquisition proceedings, the petitioner applied for patta for the subject property.

The petitioner purchased the above property along with one Annapoorani by the registered sale deed, dated 31.10.2008 from one A.Sathiyavathi through her Power Agent N.Narayanan by the registered sale deed, vide Document No.5399 of 2008. Thereafter, the said Annapoorani had got 50% of un-divided shares executed a sale deed, dated 09.07.2009 in favour of the petitioner by selling her 50% of the un-divided shares in respect of the subject property. Thereafter, the petitioner constructed a house and assessed property tax and also obtained water and sewerage connections and paying all dues to the Revenue Authorities.

However, the third respondent filed a counter and stated that the subject property comprised in Survey Nos.125/2 and 125/3 are not covered in the writ petition as referred by the petitioner in W.P.No.18379 of 1991, dated 01.07.1999. 7.

Considering the above submissions, the fifth respondent is directed to issue notice to the petitioner and the respondents 3 and 6 , after verification of records and after giving them an opportunity of hearing, pass orders on merits for issuance of Patta as claimed by the petitioner within a period of twelve weeks from the date of receipt of a copy of this order.

With the above directions, this writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mn

1. The Secretary to Government, Housing and Urban Development Department, Government of Tamil Nadu Secretariat, Chennai - 600 009.