M.Sundaramurthy, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.27586 of 2016 and W.M.P.No.23767 of 2016 M.Sundaramurthy ... Petitioner Vs.

1. The District Collector, Thiruvallur District.

2. Tashildar, Thiruvallur District.

3. Mrs.Manjula Ward Councillor, Thiruvallur.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to dispose of the petitioner's representation dated 05.03.2012 seeking grant of patta in favour of the petitioner in respect of the property of 1.06 Acres situate at Perumbakkam Village Thiruvallur Taluk and District.

For Petitioner : Mr.R.Karunagaran For Respondents : Mr.V.S.Ramesh for R1 and R2 Government Advocate

O R D E R

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

2.The petitioner claims to have purchased the property comprised in Survey No.104/2B admeasuring to an extent of 0.47 cents and 0.59 cents in Survey No.105/2 aggregating to an extent of 1 acre and 06 cents situated in Perumbakkam Village Thiruvallur Taluk and District. The petitioner after his purchase, had submitted an application dated 01.03.2012, for issuance of separate patta and also paid necessary fees and it is also followed by a representation on the same day to the https://hcservices.ecourts.gov.in/hcservices/

first respondent. The grievance expressed by the petitioner is that though nearly four years had lapsed, no orders have been passed on his application and hence, came forward to file this writ petition.

3.Heard the submissions of Mr.R.Karunagaran, learned counsel appearing for the petitioner and Mr.V.S.Ramesh, learned Government Advocate who accepts notice on behalf of the respondents 1 and 2.

4.Though the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances, directs the second respondent to consider and dispose of the petitioner's application dated 01.03.2012, in accordance with law, after putting on notice, the persons 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.

5.It could also be seen from the typed set of documents that the application for issuance of separate patta was submitted as early as on 01.03.2012 and it has not been given any disposal and the Collector of Thiruvallur District is directed to look into the reasons for non-consideration of the said application and if the second respondent is in fault, shall take action, in accordance with the D.O.Letter No.19925/SS.I(1)/2015 - 2, dated 10.06.2015 of the Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

6.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS VI) //True Copy// pri Sub Assistant Registrar To

1. The District Collector, Thiruvallur District.

2. The Tashildar, Thiruvallur District.

+1cc to Mr.*, Advocate, S.R.No.

+1cc to the Government Pleader, S.R.No.

W.P.No.27586 of 2016 and W.M.P.No.23767 of 2016 RSY(CO) CA(26/08/2016) https://hcservices.ecourts.gov.in/hcservices/