Dr.J.V.Mahendran v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.10.2021
CORAM:
THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN W.P.No.19148 of 2021 Dr.J.V.Mahendran ... Petitioner
Versus
The Tahsildar, Madiravoyil Taluk Office, Maduravoyil - Post, Chennai - District.
...Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to issue patta to an extent of 3,200 Sq.ft. in Survey No.148/1 of Valasaravakkam - Village, Maduravoyil - Taluk, Chennai - 600 008 (at present plot No.222, 84/10, Janaki Nagar, 6th Street, Valasaravakkam, Chennai - 600 087) based on the representation dated 27.07.2021 and also the No Objection Certificate issued by the Assistant Commissioner, Urban Land Tax, Kundrathur, Chennai, dated 05.07.2021.
For Petitioner : Mr.D.Veersekaran For Mr.V.Prabhakaran For Respondent : Mr.V.Veluchamy Government Advocate
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, to direct the respondent to issue Patta measuring to an extent of 3,200 sqft., in Survey No.148/1 of Valasaravakkam Village, Maduravoyil - Taluk, Chennai - 600 008, (at present Plot No.222, 84/10, Janaki Nagar, 6th Street, Valasaravakkam, Chennai - 600 087) based on the representation dated 27.07.2021 and also No Objection Certificate issued by the Assistant Commissioner, Urban Land Tax, Kundrathur, Chennai, dated 05.07.2021.
2. The petitioner purchased the property in question from the legal heirs of one Shanmugam vide Doc.No.7002 of 2012, dated 03.05.2012 on the file of Sub Registrar, for valid sale consideration and he is residing in the aforesaid property from the year 2012. After purchase, he made a petition to the Assistant Commissioner, Urban Land Tax for issuing No Objection Certificate on the ground that the land is not attracted under Urban Land Ceiling Act (hereinafter referred to as the Act). On 17.04.2017, the Assistant Commissioner replied that the land in question is not attracted under the aforesaid Act. Based on which, he applied for patta to the respondent, but the respondent has not issued Patta.
Hence, the petitioner sent a representation dated 21.04.2021 to the Assistant Commissioner, Urban Land Tax, Kundrathur for issuance of No Objection Certificate, based on the letter dated 17.04.2017. Since the letter was pending, he filed a writ petition in W.P.No.12692/2021 before this Court praying for issuance of No Objection Certificate. Thereafter, the petitioner was issued No Objection Certificate and the writ petition was closed. Thereafter, the petitioner made a representation to the respondent seeking for issuance of patta. Even thereafter, the respondent has not issued Patta. Hence the present writ petition.
3. The learned Government Advocate appearing for the respondent submitted that the land has been surveyed and steps have been taken to issue patta in favour of the petitioner.
4. Recording the aforesaid submission of the learned Government Advocate, this writ petition is disposed of, directing the respondent to issue patta in favour of the petitioner for the land in question within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar gba To The Tahsildar, Madiravoyil Taluk Office, Maduravoyil - Post, Chennai - District.
+1cc to Mr.D.Veerasekaran, Advocate SR.No.53073 W.P.No.19148 of 2021 PCH(CO) CB(29/11/2021)