C.Mathilalagan, v. The Special Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.21357 of 2016 C.Mathialagan ... Petitioner Vs.

1 The Special Tahsildar Natham Land Scheme (Unit-I), Ambattur Taluk, Chennai-600 053.

2 The Tahsildar, Maduravoyal Taluk, Alappakkam Main Road, Maduravoyal, Chennai-600 095.

3 The Taluk Head Surveyor, Maduravoyal Taluk, Chennai-600 095 4 Tmt.Chellammal ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioners representation dated 30.05.2016 and thereby direct the respondents 1 to 3 to measure the petitioner's property situated at Thiruvallur District (Formerly Ambattur Taluk), Now Maduravoyal Taluk & Firka, No.76, Porur Village, comprised in Grama Natham, Survey No.13/6, Old Survey No.13/Part, Manaivari Patta No.758, totally to an extent of 217 sq.m. or 2335 sq.ft. and erect milestones by issuing a separate patta in the name of the petitioner.

For Petitioner : Mr.A.Rajesh Kanna For Respondents: Mr.P.Sanjai Gandhi for R1 to R3 Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The petitioner claims to be a joint owner of the land in No.76, Porur Village comprised in Grama Natham, Survey No.13/6, Old Survey No.13/Part, Porur Village, Thiruvallur District (Formerly Ambattur Taluk), Now Maduravoyal Taluk and Firka and they applied for patta and it was seriously objected by the fourth respondent. Thereafter, joint patta was issued in Patta No.758, vide proceedings of the first respondent dated 04.08.2015.

3.The grievance now expressed by the petitioner is that, on account of the issuance of joint patta, the fourth respondent continues to trouble and therefore, approached the respondents 1 to 3 for issuance of separate patta and since no orders have been passed, came forward to file this writ petition. 4.Heard the submissions of Mr.A.Rajesh Kanna, learned counsel appearing for the petitioner and Mr.P.Sanjai Gandhi, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 3.

5.Though, the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the same, directs the second respondent to consider and dispose of the petitioner's representation, dated 30.05.2016 on merits and in accordance with law, after putting on notice the fourth respondent, and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the fourth respondent.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pri

To 1 The Special Tahsildar Natham Land Scheme (Unit-I), Ambattur Taluk, Chennai-600 053.

2 The Tahsildar, Maduravoyal Taluk, Alappakkam Main Road, Maduravoyal, Chennai-600 095.

3 The Taluk Head Surveyor, Maduravoyal Taluk, Chennai-600 095 +1cc to Mr.A. Rajesh Kanna, Advocate, S.R.No.34610 +1cc to the Government Pleader, S.R.No.34885 KGK(CO) EU(23/07/2016) W.P.No.21357 of 2016