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Madras High CourtWP/14782/2018disposed of

D.Johnson Durai v. The Revenue Divisional Officer

2018-06-19Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2018

CORAM

THE HONOURABLE MR. JUSTICE T.RAJA W.P.Nos.14782 & 14783 of 2018 and W.M.P.Nos.17478 & 17479 of 2018 D.Johnson Durai ... Petitioner in W.P.No.14782/2018 T.Sundarapandian ... Petitioner in W.P.No.14783/2018 Vs.

1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tambaram Division, Tambaram, Kancheepuram District.

2.The Tahsildar, Tambaram Taluk, Tambaram, Kancheepuram District.

... Respondents in both W.Ps Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to consider and pass orders on the representations filed by the petitioners dated 03.02.2016 and 15.09.2017 in seeking to issue patta for the property Plot bearing Nos.31, 16, 17, 18 & 19 measuring an extent of 1800 sq.ft., and 7800 sq.ft., in LSS Gardens, comprised in Old Survey No.21/3B of Thiruvancheri (Mappedu) Village, Tambaram Taluk, Kancheepuram District in favour of the petitioners.

For Petitioner : Mr.G.Arul Murugan (in both W.Ps) For Respondents : Mr.V.Jayaprakash Narayanan, (in both W.Ps) Special Government Pleader C O M M O N O R D E R The petitioners claim to be the absolute owners of the Plot bearing Nos.31, 16, 17, 18 & 19 measuring an extent of 1800 sq.ft., and 780 sq.ft., in LSS Gardens, comprised in Old Survey No.21/3B of Thiruvancheri (Mappedu) Village, Tambaram Taluk, Kancheepuram District, respectively on the basis of registered Sale Deeds dated 25.09.2006 and 28.09.2007 for valuable consideration.

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2.The learned counsel appearing for the petitioners submitted that from the date of purchase of the properties, the petitioners are in possession and enjoyment of the same. Hence, they filed applications for issuance of patta. 3.Taking note of the problems faced by the pattadars/land owners in getting patta, the Government issued G.O.Ms.No.210 Revenue Department dated 08.07.2011 fixing the time limit of 15 days for issuance of patta in case of name transfer on the basis of Sale Deed or previous patta. Similarly, in the case of subdivision of property, the Government had fixed the time limit as 30 days.

4.The learned Special Government Pleader submitted that the Tahsildar may be directed to consider the case of the petitioners on the basis of the G.O.Ms.No.210 dated 08.07.2011. 5.In view of the same, the Tahsildar, Tambaram, the 2nd respondent herein is directed to consider the representations of the petitioners on the basis of G.O.Ms.No.210 Revenue Department dated 08.07.2011 and pass appropriate orders, after giving notice to rival parties, if any, within a period of eight weeks from the date of receipt of a copy of this order. 6.With these directions, the Writ Petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar va To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tambaram Division, Tambaram, Kancheepuram District.

2.The Tahsildar, Tambaram Taluk, Tambaram, Kancheepuram District.

W.P.Nos.14782 & 14783 of 2018 and W.M.P.Nos.17478 & 17479 of 2018 KK(CO) SP(03/07/2018) https://hcservices.ecourts.gov.in/hcservices/