Gnanasambandam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 09-03-2015
CORAM:
THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM W.P.Nos.6413 and 6427 of 2015 Gnanasambandam S/o.T.V.Natarajan No.5/2 Veerasamy Street Sevan Wells Chennai-1.
...Petitioner in both the WPs
Vs 1 The District Collector 2 The Head Surveyor Kancheepuram Municipality Kancheepuram.
3 The Surveyor Kancheepuram Municipality
...Respondents in W.P.No.6413/2015
1 The District Collector 2 The Tahsildar Kancheepuram
...Respondents in W.P.No.6427/2015
Petitions filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to consider and pass orders on the petitioner representation dated 03.02.2015 seeking for survey and demarcation of the property and issuance of patta to the property, respectively comprised in Survey No. 385/1 & 385/2A Solai Ramasamy Street 3rd Division Kancheepuram District measuring an extent of 0.30 cents. For petitioner : Mrs. R. Poornima For respondents : Mr. S. Gunasekaran, GA
COMMON ORDER Heard Mrs. R. Poornima, learned counsel for the petitioner and Mr. S. Gunasekaran, learned Government Advocate for the respondent. With consent, the main writ petition itself is taken up for final disposal.
2.
The petitioner claims that he is a court-auction purchaser, pursuant to an order passed in E.A.No.220 of 2001 in O.S.No.135 of 1996 dated 07-08-2008. It is submitted by the petitioner that pursuant to the auction purchase, he has been put in possession and enjoyment of the property. The petitioner has submitted applications before the respondents on 18-09-2014, 28-012015, 03-02-2015 for conducting survey and demarcation of the property and also for grant of patta. Since the representations have not been considered, the petitioner is before this Court. 3.
The learned counsel for the petitioner would submit that the sale deed executed in favour of the petitioner has attained finality.
4.
In the light of the above, without going into the merits of the case, this Court directs the Tahsildar, Kancheepuram to consider the representations of the petitioner for grant of patta and survey of the property, after notice to any other person, who is likely to be aggrieved, and after affording opportunity to all the parties concerned, shall pass orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
5.
The writ petitions are disposed of, accordingly. No costs.
Sd/- Assistant Registrar (J) True Copy Sub Assistant Registrar glp To 1 The District Collector
2 The Head Surveyor Kancheepuram Municipality Kancheepuram.
3 The Surveyor Kancheepuram Municipality 4 The Tahsildar Kancheepuram 2CCs to Mrs.R.Poornima, Advocate SR 13001, 13002 2CCs to Government Pleader, SR 13292, 13294 W.P.Nos.6413 and 6427 of 2015 KJI [CO] PSI 21.03.2015