Mr.C.Kaja Hussain, v. The Special Commissioner And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 06.04.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.Nos.9845 to 9853 of 2015 W.P.No.9845 of 2015 Mr.C.Kaja Hussain ... Petitioner in W.P.No.9845/2015 G.Chan Basha ... Petitioner in W.P.No.9846/2015 Kadar Basha ... Petitioner in W.P.No.9847/2015 A.Munvarudeen ... Petitioner in W.P.No.9848/2015 A.Shagir Hussain ... Petitioner in W.P.No.9849/2015 M.Magabooh Basha ... Petitioner in W.P.No.9850/2015 Habeesa Begam ... Petitioner in W.P.No.9851/2015 G.Ziyavudeen ... Petitioner in W.P.No.9852/2015 Z.Nizamudeen ... Petitioner in W.P.No.9853/2015
Versus
1. The Special Commissioner and Commissioner of Land Administration, Chepuak, Chennai - 5.
2. The District Revenue Officer, Kancheepuram District, Kancheepuram.
3. The Tahsildar, Thiruporur Taluk, Kancheepuram District.
... Respondents in all Petitioners Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 2nd respondent to consider the representation of the petitioner dated 15.07.2014 and issue patta to petitioner's land comprised in Survey No.68/3, Kanathur Reddy Kuppam Village, Thiruporur Taluk, Kancheepuram District, measuring 3 1⁄2 cents, 0.04 Cents, 0.04 Cents, 0.04 1⁄4 Cents, 0.04 1⁄4 Cents, 0.04 Cents, 0.04 1⁄4 Cents, 0.10 Cents & 0.04 Cents Respectively For Petitioner : Mr.A.S.Mujibur Rahman in all W.Ps.
For Respondents : Mr.R.Govindasamy in all W.Ps.
Additional Government Pleader
O R D E R
By consent, all the writ petitions are taken up for final disposal.
2. The petitioners in these writ petitions claim that the patta in respect of the lands comprised in Survey No.68/3, Old Paimash No.148 Part and 152 Part of Kanathur Reddy Kuppam Village, Thiruporur Taluk, Kancheepuram District, measuring an extent of 3.09 Cents stood in the name of one Gulam Dastagir Saib and Ahamad Kabir Saib and in the year 1932, by means of an unregistered partition, the properties have been divided between three person viz., (1).Ahamad Kabir, (2). Mohd. Aneef Saif and (3). Gulam Dastagir Saib. Subsequently, by means of an unregistered family settlement, the properties allotted to Gulam Dastagir Saib, were given to his sons. The respective petitioners after getting possession of the allotted shares submitted representations to the second respondent for grant of individual patta and also submitted individual representations to the first respondent, who in turn vide letter No.K3,/13545/2014 dated 15.07.2014 directed the second respondent to take appropriate action and inform the respective petitioners accordingly.
Grievance expressed by the writ petitioners is that inspite of the directions from the first respondent, the second respondent did not take any action and therefore, came forward to file these writ petitions.
3. Heard the submissions of Mr.R.Govindasamy, learned Additional Government Pleader, who accepts notice for the official respondents.
4. This Court, taking into consideration of the limited scope of the prayer sought for by the petitioners and without going into the merits of the representations, directs the second respondent to consider and dispose of the petitioners' representations dated 15.07.2014 for issuance of individual patta, on merits and in accordance with law and pass orders as expeditiously as possible and not later than six weeks from the date of receipt of a copy of this order after putting on notice, concerned persons and communicate the decision to the respective writ petitioners.
5. The writ petitions are disposed of, accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar
ars To
1. The Special Commissioner and Commissioner of Land Administration, Chepuak, Chennai - 5.
2. The District Revenue Officer, Kancheepuram District, Kancheepuram.
3. The Tahsildar, Thiruporur Taluk, Kancheepuram District.
+1cc to Mr.A.S.Mujibur Rahman, Advocate, S.R.No.18780 +1cc to the Government Pleader, S.R.No.19003 W.P.Nos.9845 to 9853 of 2015 BR(CO) CA(13/04/2015)