B.Pooja v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR B.Pooja .. Petitioner
Versus
1.The District Collector Kancheepuram District, Kancheepuram - 631 501 2.The District Revenue Officer Collectorate Office, Kancheepuram - 631 501
3. The Revenue Divisional Officer Sriperumbudur and Post, Kancheepuram - 602 105
4. The Tahsildar, Kundrathur Taluk Kancheepuram District - 600 069 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd Respondent to issue patta in respect of 6300 Sq. feet of land in Survey No. 23/1 (New No.23) Athanacherei Village, Kundrathur Taluk, (formerly Sriperumbudur Taluk) Kancheepuram District based on the report of the 3rd respondent given in Na.Ka. 1728/ 2014/A2 dated 18-06- 2014, and the report of the 1st respondent given in Na.Ka. 14985/ 2014/ B2 dated 08-03- 2016 as well as the judgement of this honble court made in W.P. No.9333 of 1997 dated 19-12- 1997 reported in 1998 - (3)- LW 603 to the Petitioner forthwith. 1/6
For Petitioner : Mr.P.Ebenezer Paul For Respondents : Mr.P.Sathish Additional Government Pleader
ORDER
This writ petition is filed for a direction to the 3rd Respondent to issue patta in respect of 6300 Sq. feet of land in Survey No. 23/1 (New No.23) Athanacherei Village, Kundrathur Taluk, (formerly Sriperumbudur Taluk) Kancheepuram District based on the report of the 3rd respondent given in Na.Ka. 1728/ 2014/A2 dated 18-06- 2014, and the report of the 1st respondent given in Na.Ka. 14985/ 2014/ B2 dated 08-03-2016 as well as the judgement of this Court made in W.P. No.9333 of 1997 dated 19-12- 1997 reported in 1998 - (3)- LW 603 to the Petitioner forthwith.
2. It is the grievance of the writ petitioner that the petitioner purchased the land by virtue of sale deed dated 20.02.2004. The petitioner's father also purchased the land on 20.02.2004. Thereafter, the petitioner's mother executed a settlement deed dated 18.10.2021 in favour of the husband and the petitioner also. The petitioner applied for patta in the year 2013, the Tahsildar also inspected the property and submitted a report on 14.02.2014 to the third respondent and the second respondent also inspected the site and based on the report dated 18.06.2014, the 1st respondent sent the report on 08.06.2016 to 2/6
the Commissioner Land Administration, Chennai. However, patta was not issued. Hence, the petitioner made a representation on 31.03.2023, which is pending without consideration till date. Hence, this writ petition.
3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.
4. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
5. Considering the limited relief sought for in this writ petition, the third respondent is directed to consider the fact the Grama Nathmam will not vest with the Government and also the representation of the petitioner dated 31.03.2023 and pass appropriate orders on merits and and in accordance with law, after giving notice to the neighbouring land owners and any other interested persons. Such exercise shall be completed within a period of two months from the date of receipt of copy of this order.
6. With the above direction, this writ petition is disposed of. No costs. 3/6
01.07.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No 4/6
To 1.The District Collector Kancheepuram District, Kancheepuram - 631 501 2.The District Revenue Officer Collectorate Office, Kancheepuram - 631 501
3. The Revenue Divisional Officer Sriperumbudur and Post, Kancheepuram - 602 105
4. The Tahsildar, Kundrathur Taluk Kancheepuram District - 600 069 N. SATHISH KUMAR , J.
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dhk W.P.No.17489 of 2024 01.07.2024 6/6