Madras High CourtWP/25152/2019disposed of

S.Nagalakshmi v. The District Collector Of Chennai

2019-10-16Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 16.10.2019 Coram::

The Honourable Dr.Justice G.Jayachandran W.P.No.25152 of 2019 S.Nagalakshmi, W/o.R.Sivaram, No.55, Venkat Narayana Road, B-7, Prathiba Apartments, 2nd Floor, T.Nagar, Chennai - 600 017.

... Petitioner /versus/

1. The District Collector of Chennai, Office of the District Collector, Singaravelar Maaligai, Rajaji Salai, Chennai - 600 001.

2. The Revenue Divisional Officer, South Chennai Division, Guindy, Chennai - 600 032.

3. The Tahsildar, Sholinganallur Taluk, Chennai - 600 119.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents 1 and 2 to direct the 3rd respondent to comply with order of the 2nd respondent vide order under reference No.e.f.m2/3259/2018, dated 07.03.2019, thereby directing the 3rd respondent to cancel the pattas wrongly reflected in the online patta in respect of Survey Nos.74/24, 25A1 and 25A2 and Sub Division No.8A/923/1417 and 8A/522/1423 and to restore the same as per old patta issued to the parties, thereafter, make inspections in the properties and verification of all the original documents of the petitioner and the rival parties, make a fresh sub-division document and issue patta to the petitioner accordingly.

For Petitioner : Mr.M.Kempraj For R1 to R3 : Mr.J.Purushothaman Government Advocate

O R D E R

Heard the Learned Counsel for the Petitioner and the Learned Government Advocate for the Respondents.

2. The present Writ Petition is filed seeking Mandamus to direct the 3rd respondent to cancel the patta wrongly reflected in the online in respect of S.Nos.74/24, 25A1 and 25A2 in Sub-Division No.8A/923/1417 & 8A/522/1423 and to restore the old patta issued to the parties.

3. In the counter, the 3rd respondent/Tahsildar has stated that, earlier the petitioner filed in W.P.No.23735 of 2017, to dispose of his representation, dated 07.06.2017. The said Writ Petition was allowed but no action was taken on the representation of the petitioner. Hence, the petitioner approached this Court by filing Contempt. Meanwhile, the 2nd respondent/Revenue Divisional Officer, passed the order dated 07.03.2019, directing the 3rd respondent/Tahsildar, to cancel the patta wrongly reflected in the online patta in respect of S.F.Nos.74/24, 25A1 and 25A2 in Sub-Division No.8A/923/1417 & 8A/522/1423 and to restore the original entries.

4. Pursuant to the order of the 2nd respondent/Revenue Divisional Officer, necessary changes has been carried out in the Revenue records and same has been informed to the petitioner vide communication, dated 20.09.2019. As far as the issuance of patta in the name of the petitioner is concerned, the petitioner was informed to submit his application online together with the documents. Since the wrong entries made has been rectified, the petitioner's request for issuance of patta will be granted on proper application and fees. Hence, it is submitted that nothing survives in the Writ Petition.

5. Today, the learned Counsel appearing for the petitioner would submitted that, he has already made online application for grant of patta and same is pending. As per the direction of Tahsildar, Sholinganallur, Chennai, the petitioner has also submitted all the necessary documents.

6. The Learned Government Advocate appearing for the 3rd respondent would endorse the same and submitted that, the online application of the petitioner is under consideration and within a period of two weeks, patta will be granted as per the records.

7. Recording the same, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CJ conf) //True Copy// Sub Assistant Registrar bsm To,

1. The District Collector of Chennai, Office of the District Collector, Singaravelar Maaligai,Rajaji Salai, Chennai - 600 001.

2. The Revenue Divisional Officer, South Chennai Division, Guindy, Chennai - 600 032.

3. The Tahsildar, Sholinganallur Taluk, Chennai - 600 119.

+1cc to Mr.M.Kempraj, Advocate SR.86797 +1cc to the Government Pleader SR.86881 W.P.No.25152 of 2019 NRL(CO) CB(11/11/2019)