J.Raghu Kumar v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.4085 of 2016 J.Raghu Kumar ... Petitioner Vs.

1. The State of Tamil Nadu, Rep.by the District Collector, Tiruvallur, Tiruvallur District.

2. The Tahsildar, Madavaram, Tiruvallur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to issue residence certificate to the petitioner, his house bearing situate at 79/1, Pillayar Koil Street, Naravarikuppam, Village, Redhills, Chennai 600 052 in Survey Number 97A/1A in Naravarikuppam Village Redhills, Madavaram Taluk, Tiruvallur District.

For Petitioner : Mr.S.Arunkumar For Respondents : Mr.R.A.S.Senthilkumar Additional Government Pleader

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2. This Writ Petition has been filed directing the 2nd respondent to issue residence certificate to the petitioner stating that he is residing in the house situated at 79/1, Pillayar Koil Street, Naravarikuppam, Village, Redhills, Chennai 600 052 in Survey Number 97A/1A in Naravarikuppam Village Redhills, Madavaram Taluk, Tiruvallur District.

3. Though very many contentions have been raised in the Writ Petition, the sum and substance of the case is that petitioner is a permanent resident in the house situated at No.79/1, Pillayar Koil Street, Naravarikuppam Village,

Redhills, Chennai - 600 052 in Survey Number 97/1A in Naravarikuppam Village, Redhills, Madavaram Taluk, Thiruvallur District for the last 60 years, since his birth. His father was also born in the same house. The house site property was purchased by petitioner's paternal grandmother late Saradammal from her father-in-law in the year 1931. On 09.09.1980, the petitioner's paternal grandmother late Saradammal executed a registered Will in favour of the petitioner. Since then, the house and house site property has been in his peaceful possession and enjoyment. He has also paid property tax regularly and there is electricity service connection to the house of the petitioner.

4. The petitioner has ration card, voters I.D Card issued by the Election Commission of India, property tax receipt, Aadhar card, Pan card etc., to show that the petitioner is the resident of the above mentioned address. Since the petitioner do not have permanent residence certificate, he has made several representations to the 1st and 2nd respondents, but, his representations were not considered. Hence he has come forward with the present Writ Petition.

5. When the matter is taken up for consideration, the learned counsel for the petitioner would submit that if direction is given to consider his last representation that would suffice.

6. In view of the submission of the learned counsel for the petitioner and taking into consideration the facts of the case, this Court directs the petitioner to submit a copy of the representation along with a copy of this order to the 2nd respondent within a period of two weeks from the date of receipt of copy of this order and on receipt of such representation along with a copy of this order, the 2nd respondent is directed to pass appropriate orders, in accordance with law within a period of four weeks thereafter.

7. With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ssd

To

1. The District Collector, Tiruvallur, Tiruvallur District.

2. The Tahsildar, Madavaram, Tiruvallur District.

+1cc to Mr.S.Arunkumar, Advocate, S.R.No.4380 +1cc to the Government Pleader, S.R.No.7183 W.P.No.4085 of 2016 MG(CO) CA(19/02/2016)