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Madras High CourtWP/20962/2021dismissed

Kirubavathi v. The Thashildar

2021-11-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.20962 of 2021 Kirubavathi

...Petitioner

Vs

1. The Tahsildar, Egmore, Nungambakkam, Chennai - 600 008.

2. The District Collector, Chennai District, Singaravelar Maligai, 2nd Line Beach, Chennai - 600 001.

...Respondents

Prayer : Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st and 2nd respondents to consider and pass order in petitioner's representation dated 10.07.2021. For Petitioner : No Appearance For Respondents : Mr.Yogesh Kannadasan, Government Advocate

O R D E R

This writ petition has been filed to issue a Writ of Mandamus directing the 1st and 2nd respondents to consider and pass order in petitioner's representation dated 10.07.2021.

2. The case of the petitioner is that he is is possession and enjoyment of the property comprised in T.S.No.171 to an extent of 1749 sq.ft., situated at No.2/20, Muthumani Street, Varadharajan pettai, Kodampakkam, Chennai. It was originally owned by his grandmother namely Chinnammal and after her demise, her legal heirs inherited the said property.

3. The other legal heirs of the deceased grandmother of the petitioner namely Chinnammal executed a release deed in https://hcservices.ecourts.gov.in/hcservices/

favour of one Pakkiri. He died on 30.10.1989 leaving behind the petitioner and his brothers and sisters. They are continuously in possession and enjoyment of the same and as such the petitioner applied for patta for the said land before the first respondent.

4. Mr.Yogesh Kannadasan, learned Government Advocate for the respondents submitted that on receipt of the representation of the petitioner dated 10.07.2021, the first respondent conducted a detailed enquiry and on receipt of the report from the Field Surveyor, rejected the claim of the petitioner by the order dated 03.11.2021.

5. The order dated 03.11.2021 revealed that the land for which patta is sought by the petitioner is classified as SARKAR Poramboke in the Town Survey Land Records and the Maintenance of the office of the first respondent, which belong to the Government. There is a ban for assignment of Government land in Chennai District and as such, the request made by the petitioner by the representation dated 10.07.2021 is rightly rejected by the first respondent. Therefore, this writ petition is devoid of merits and liable to be dismissed.

6. Accordingly, this writ petition is dismissed. No order as to costs.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar rna To 1.The Tahsildar, Egmore, Nungambakkam, Chennai - 600 008.

2.The District Collector, Chennai District, Singaravelar Maligai, 2nd Line Beach, Chennai - 600 001.

+1cc to Government Pleader SR. No. 58037 W.P.No.20962 of 2021 CA (CO) PR (29/11/2021) https://hcservices.ecourts.gov.in/hcservices/