N.Ramachandran Nair v. The Special Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.3537 of 2016 N.Ramachandran Nair ... Petitioner vs
1. The Special Commissioner Land Reforms Commissioner Chepauk, Chennai 600 005.
2. The Special Commissioner Land Ceiling Chepauk Chennai 600 005.
3. The Assistant Commissioner (Special Land Ceiling) Chepauk Chennai 600 005.
4. The Tahsildar Valasaravakkam Chennai 600 087.
... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents to issue patta to the petitioner for his property bearing Plot No.26/1, Sri Devikuppam, A.K.R.Nagar II Street, Valasaravakkam, Chennai 600 087 comprised in Survey No.28/1 and 23 situated at Valasaravakkam Village measuring an extent of 1200 sq.ft. For Petitioner :
Mr.N.Sudharsan For Respondents :
Mr.S.V.Durai Solaimalai Additional Government Pleader
O R D E R
The prayer in the writ petition is to issue a Writ of Mandamus directing the respondents to issue patta to the petitioner for his property bearing Plot No.26/1, Sri Devikuppam, A.K.R.Nagar II Street, Valasaravakkam, Chennai 600
087 comprised in Survey No.28/1 and 23 situated at Valasaravakkam Village measuring an extent of 1200 sq.ft. 2.
The case of the petitioner is that he is the absolute owner of the property bearing Plot No.26/1, Sri Devikuppam, A.K.R.Nagar II Street, Valasaravakkam, Chennai 600 087 comprised in Survey No.28/1 and 23 situated at Valasaravakkam Village measuring an extent of 1200 sq.ft, which he has purchased from one N.Manickam vide registered sale deed in Document No.4036 of 1996 dated 19.08.1996 and he is in peaceful possession and enjoyment of the same for the past more than 15 years. According to the petitioner, he has applied for patta before the fourth respondent vide his representation dated 11.05.2015 and also submitted a copy of the same to the Chief Minister's Cell. Since there was no response for the same, he has filed the present writ petition.
3. Heard the learned counsel for the petitioner and Mr.S.V.Durai Solaimalai, learned Additional Government Pleader appearing on behalf of the respondents.
4. Considering the facts and circumstances of the case, the petitioner is directed to submit a fresh copy of the representation dated 11.05.2015 along with a copy of this order to the fourth respondent within a period of one week from the date of receipt of a copy of this order for issuance of patta. On receipt of the same, the fourth respondent is directed to consider the same, after affording an opportunity of personal hearing to the petitioner as well as to other necessary parties, if any, and pass appropriate orders on merits and in accordance with law within a period of six weeks thereafter. It is made clear that this Court has not expressed any opinion with regard to the claim of the petitioner.
5. With the above direction, this writ petition is disposed of. No costs.
vj2 s/d- Assistant Registrar True Copy Sub-Assistant Registrar To
1. The Special Commissioner Land Reforms Commissioner Chepauk, Chennai 600 005.
2. The Special Commissioner Land Ceiling Chepauk Chennai 600 005.
3. The Assistant Commissioner (Special Land Ceiling) Chepauk Chennai 600 005.
4. The Tahsildar Valasaravakkam Chennai 600 087.
+ 1 cc to M/s.N.Sudharsan, Advocate SR 6029 + 1 cc to Govt.Pleader SR 6525 ak(co) prk3/2 W.P.No.3537 of 2016