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Madras High CourtWP/26946/2021allowed

R.Chandrasekar v. The District Collector

2021-12-17Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2021

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.26946 of 2021 R.Chandrasekar ...

Petitioner Vs 1.The District Collector, Collectorate, Chengalpet, Chengalpet District 2.The Tahsildar, Vandalur Taluk, Vandalur, Chengalpet District ...

Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent No.2 to grant patta to the petitioner for the house site plot in an extent of 2220 sq.ft. in survey No.68/1 in Thalampur Village, Vandalur Taluk, Chengalpet District within the time stipulated by this Court. For Petitioner : Mr.S.Louis For Respondents : Mr.P.Baladhandayutham, Special Government Pleader

ORDER

This writ petition is filed for direction directing the second respondent to grant patta to the petitioner for the house site plot to an extent of 2220 sq.ft. in survey No.68/1 in Thalampur Village, Vandalur Taluk, Chengalpet District within the time stipulated by this Court.

2. Heard, Mr.S.Louis, the learned counsel for the petitioner and Mr.P.Baladhandayutham, Special Government Pleader appearing for the respondents.

3. The petitioner purchased a house site plot to an extent of 2220 sq.ft. comprised in survey No.68/1 situated at Thalampur Village, Vandalur Taluk, Chengalpet District by the registered sale deed vide document No.931 of 1998. Thereafter, he came to understand that the said lands were under the Land Ceiling Legislations. Therefore, the petitioner made representation to the Commissioner, Urban Land Ceiling praying for regularisation of the sale. By the order dated 02.06.2020, the petitioner's sale was regularised and directed to approach the Tahsildar concerned and obtain patta in respect of the subject property. In pursuance to the same, the second respondent by the communication dated 18.06.2020 directed the Revenue Inspector, Mambakkam to conduct enquiry and submit report.

Upon receipt of the report from the Revenue Inspector, the second respondent by the communication dated 18.12.2020 sought further clarification from the first respondent. In fact, the first respondent also passed order dated 21.01.2021 directing the second respondent to take necessary steps to issue patta in respect of the land purchased by the petitioner herein. Even then, the second respondent without passing any order to issue patta, again directed the Revenue Inspector, Mambakkam to get the report. The Revenue Inspector has submitted report once again on 06.08.2021 stating that the land in question could be sub divided and patta could be issued to the petitioner. Thereafter, the second respondent issued communication dated 31.09.2021 directing the Zonal Deputy Tahsildar to grant patta to the petitioner.

4. Considering the above, the second respondent is directed to issue patta to the petitioner in respect of house site plot to an extent of 2220 sq.ft. in survey No.68/1 in Thalampur Village, Vandalur Taluk, Chengalpet District as per earlier communication and directions issued by the Commissioner, Urban Land Ceiling forthwith.

5. With the above direction, this writ petition is allowed. No order as to costs.

Sd/- Assistant Registrar(LA) //True copy// Sub Assistant Registrar lok

To 1.The District Collector, Collectorate, Chengalpet, Chengalpet District 2.The Tahsildar, Vandalur Taluk, Vandalur, Chengalpet District +1cc to Government Pleader SR.No.68339 WP.No.26946 of 2021 GMY(06/01/2022)