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Madras High CourtWP/17889/2021disposed of

K.Natarajan v. The Tahsildar

2021-08-27Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2021

CORAM:

THE HONOURABLE Mrs. JUSTICE V. BHAVANI SUBBAROYAN W.P. No. 17889 of 2021 K.Natarajan .. Petitioner

Versus

1.The Tahsildar Tiruttani Thiruvallur District.

2.The Commissioner, Tiruttani Municipality, Thiruvallur District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the 1st respondent to immediately conduct enquiry and issue patta on the basis of the petitioner representation dated 06.05.2021 and also the application sent through online No. 2021/9005/ 01/171803/0808 dated 08.08.2021.

For Petitioner : Mr. S.Venkatesh For Respondents : Mr. K.M.D.Muhilan Government Advocate O R D E R This petition is filed for issuing a writ of mandamus directing the 1st respondent to immediately conduct enquiry and issue patta on the basis of the petitioner's representation dated 06.05.2021 and also the application sent through online No. 2021/9005/ 01/171803/0808, dated 08.08.2021.

2. The case of the petitioner is that he is an Ex.Service man and presently residing at No.21A, Dharmaraja Koil 3rd Street, Tiruttani, Thiruvallur District, in S.No.252 & 253, to an extent of 960 sq.ft. out of which a small house is constructed to an area of 10x10 sq.ft. It is stated that the petitioner is aged 74 years and due to his age factor, he decided to settle the property to his son. Hence, he approached the Sub-Registrar for registering the settlement deed. The Sub-Registrar, in turn, informed the petitioner that the property can be registered only if patta is issued to the said land. Therefore, on 08.08.2021,the petitioner applied for issuance of patta in his name by way an application to the first respondent herein. The petitioner further submitted a representation dated 06.05.

2021, to the first respondent for issuance of patta to his land under Natham Scheme. It is further stated that the petitioner was called by the first respondent to his office and informed him to apply patta through online. Hence, the petitioner made an application for patta through onlinebearing No.2021/9005/01/171803/0808, dated 08.08.2021. The grievance of the petitioner is that though he submitted online application for issuance of patta, the first respondent has not processed the same due to reasons best known to him. Hence, left with no other alternative option, the petitioner approached this Court by way of filing this present writ petition.

3. Learned counsel for the petitioner submitted that the petitioner is an Ex.Service man aged 74 years. He further submitted that the petitioner is paying the property tax and land tax for the aforesaid land, regularly, since the year 2011. The land is classified as Natham land and the petitioner being an Ex.Service man, is entitled to grant of patta. Therefore, he prays to direct the first respondent to consider the petitioner's representation dated 06.05.2021, for issuance of patta.

4. Learned Government Advocate submitted that the authorities have to verify whether the said land of the petitioner is classified as Natham land or it comes under any other classification. If the petitioner is entitled to the same, he will be considered by the authorities concerned.

5. In view of the above submission of the learned Government Advocate, without going into the merits of this case,

this Court directs the first respondent to consider the petitioner's representation dated 06.05.2021, and the other documents annexed in the said application, scrutinize the same and pass orders on merits and in accordance with law, if necessary, personal hearing of the petitioner shall also be done, within a period of four months from the date of receipt of a copy of this order.

With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar bkn To 1.The Tahsildar Tiruttani Thiruvallur District.

2.The Commissioner, Tiruttani Municipality, Thiruvallur District.

+1CC to M/s.S.Venkatesh, Advocate, SR.No. 43293 +1CC to The Government Pleader, SR.No. 43672 W.P. No. 17889 of 2021 CP(CO) B.VC (21/10/2021)