M.Kalpana v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2021

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.NO.23672 OF 2021 Mrs.M.Kalpana ... Petitioner Vs.

1. The Tahsildar, Office of the Tahsildar, Poonamallee Taluk, Chennai - 600 056.

2. The Assistant Commissioner, Urban Land Tax, No.5, Sannadhi Street, Poonamallee, Chennai-600 056.

... Respondents Prayer:

This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 06.10.2020 and 10.03.2021 for issuance of Patta in respect of properties spread out in Survey No.113/1D-measuring 561 Sq.Ft. Document No.1046/1999, situated at Koladi Village, Poonamallee Taluk, Thiruvallur District, in accordance with law and pass appropriate orders accordingly.

For Petitioner :: Mr.J.Manikandan For Respondents :: Mr.Yogesh Kannadasan (Government Advocate)

O R D E R

This Writ Petitions is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 06.10.2020 and 10.03.2021 for issuance of Patta in respect of properties spread out in Survey No.113/1D-measuring 561 Sq.Ft. Document No.1046/1999, situated at Koladi Village, Poonamallee Taluk, Thiruvallur District, in accordance with law and pass appropriate orders accordingly.

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2. Heard the learned counsel for the petitioners and the learned counsel for the respondent as well as perused the material available on records.

3. Having considered the facts and circumstances of the case and submissions of the learned counsel on either side, it is seen that the petitioner's husband has purchased the aforesaid property without knowing the details that it is covered under the Tamil Nadu Urban Land Ceiling Act. However, after demise of the petitioner's husband, the petitioner being as legal heirs has made representations dated 06.10.2020 and 10.03.2021 seeking for Patta in her name. The respondents have neither sent any reply nor passed any orders on her aforesaid representations till now. Hence, this Court without expressing any opinion with regard to the merits of the case, directs the respondents to consider the petitioner's representations dated 06.10.2020 and 10.03.2021 and pass appropriate orders on them within a period of four months from the date of receipt of coy of this order in accordance with law after affording sufficient opportunity to the petitioner herein.

4.In the result, the Writ Petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed if any. There shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Lbm To:

1. The Tahsildar, Office of the Tahsildar,.

Poonamallee Taluk, Chennai - 600 056.

2. The Assistant Commissioner, Urban Land Tax, No.5, Sannadhi Street, Poonamallee, Chennai-600 056.

+2ccs to Mr.J.Manikandan, Advocate, S.R.No.57475 W.P.No.23672 of 2021 PMK(CO) RLP(17/12/2021) https://hcservices.ecourts.gov.in/hcservices/