Madras High CourtWP/2835/2014disposed of

Samanthakamani v. The Collector

2018-11-28Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2018

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P.No.2835 of 2014 and M.P.No.1 of 2014 Mrs. Samanthakamani ... Petitioner Vs.

1. The Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, Tambaram, Kancheepuram District.

3. The Tahsildar, Tambaram Taluk, Tambaram, Kancheepuram District ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 3rd respondent to dispose of the directions issued by the first respondent dated 09.11.2010 and 2nd respondent dated 03.04.2012 in relation to issue patta in favour of the petitioner for lands measuring an extent of 1 Acre and 14 cents in Survey No.406/3, situate in Perungalathur village, Tambaram Taluk, Kancheepuram District .

For Petitioner : Mr.P.Subba Reddy For Respondents: Mrs. Ramya Revathy, Govt. Advocate

O R D E R

This writ petition has been filed seeking a direction to the third respondent/ Tahsildar, to consider the petitioner's application for issuance of patta in the name of the petitioner.

2. The grievance of the petitioner is that he has purchased a property in the year 1962, and he is in possession and enjoyment of the same and also paying taxes to the property. Now a patta has been wrongly issued in the name of one https://hcservices.ecourts.gov.in/hcservices/

Balaraman. Hence, the petitioner made an application for issuance of patta in his name and his application has also been forwarded to the third respondent, Tahsildar to conduct enquiry. But, so far no enquiry has been conducted. Hence, the present writ petition has been filed.

3. Today, when the matter is taken up for hearing , the learned Government Advocate, on instructions, submitted that now enquiry is pending with the Tahsildar and the Tahsildar will conduct enquriy after issuing notice to the petitioner as well as the rival claimant and pass suitable orders on merits.

4. Considering the above circumstances, since the application is pending with the third respondent, the third respondent is directed to conduct enquiry on the petitioner's application after issuing notice to the petitioner as well as the rival claimants and pass suitable orders on merits and in accordance with law within a period of twelve(12) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

mrp Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To

1. The Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, Tambaram, Kancheepuram District.

3. The Tahsildar, Tambaram Taluk, Tambaram, Kancheepuram District +1cc to Mr.P.Subba Reddy, Advocate, S.R.No.81746 +1cc To The Govt.Pleader, Vide, SR.NO.81773.

W.P.No.2835 of 2014 kak(28/01/2019) https://hcservices.ecourts.gov.in/hcservices/