Mrs.Ganapathi Santha Roche v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.25938/2016 Mrs.Ganapathi Santha Roche ..

Petitioner

Versus

The Tahsildar Tharamani Taluk Office Tharamani, Chennai-113.

..

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondent to consider the petitioner representation dated 05.10.2015 and consequently direct the respondent to issuance of patta in petitioner name in respect of land survey No.317/1 [part] which is total extent of 3 grounds 1200 square feet. For Petitioner : Mr.T.V.G.Kartheeban For Respondent : Mr.P.Sanjay Gandhi, AGP

ORDER

By consent, the writ petition is taken up for final disposal.

The petitioner is aged about 81 years and by virtue of the registered Sale Deed dated 12.11.1970, the mother of the petitioner became the owner of the land admeasuring to an extent of 3 grounds and 1200 sq.ft., forming part and parcel of 7.088 acres in No.137, Velachery village, Saidapet Taluk and subsequently, through a registered Release Deed dated 30.04.1983, Tmt.Lakshmi Ramanadhan, Mr.G.Nagaraj, had released the said land in favour of the petitioner and thereafter, claims to be in possession and enjoyment of the same. The petitioner on 05.10.2015, has submitted a representation/application to the respondent praying for issuance of patta and it was acknowledged

in Tr/1643/2015. The grievance expressed by the petitioner is that though nearly nine months had lapsed, no orders have been passed on the said application / representation and hence, the petitioner came forward to file this writ petition. Heard the submissions of the learned counsel for the petitioner and Mr.P.Sanjay Gandhi, learned Additional Government Pleader who accepts notice on behalf of the respondent. Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the respondent to consider and dispose of the petitioner's application / representation dated 05.10.

2015 in accordance with law, after putting on notice, the person/s concerned and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the person/s concerned. The District Collector, Chennai, is directed to take note of the letter of the Secretary to Government, Revenue Department, bearing Letter No.18294/SS.1[1]/2015-2 dated 26.05.2015 and act accordingly, if the respondent / the Tahsildar, Tharamani Taluk Office, Tharamani, Chennai-113, has failed to perform his duties in accordance with law and within the time stipulated.

The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar AP To The Tahsildar, Tharamani Taluk Office, Tharamani, Chennai-113.

Copy to:- The District Collector, Chennai.

+1cc to Mr.T.V.G.Kartheeban, Advocate sr.42618 W.P.No.25938/2016 gjii[co] srg 10/08/2016