N.Mohamed v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2016
CORAM:
THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. Nos.42884 and 42885 of 2016 N.Mohamed ... Petitioner in both W.Ps.
vs.
1.
The District Collector, Office of the District Collector, Kanchipuram, Kanchipuram District.
The Tahsildar, Office of the Tahsildar, Chetty Street, Sriperumbudur, Kanchipuram District - 602 105... Respondents in both W.Ps. W.P.No.42884 of 2016 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the 2nd respondent to dispose of the petitioner's representation dated 27.11.2014 to grant patta for 2925 sq. ft. in Plot No.7 as per document and as per physical site measuring 2958 sq. ft. or 274.80 sq. mtr. comprised in Survey No.239/1A, 239/1B, 2, 3A & 4A bearing old Patta No.833, as per Patta Survey No.239/1B2 as per New Patta No.841 in New Survey No.239/1A2, Aathancheri Village, R.M.
Nagar, Sriperumbudur Taluk, Kanchipuram District.
W.P.No.42885 of 2016 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the 2nd respondent to dispose of the petitioner's representation dated 27.11.2014 to grant patta for 2990 sq. ft. in Plot No.8 or 277.77 sq. mtr. comprised in Survey No.239/1A, 239/1B, 2, 3A & 4A bearing old Patta No.833, as per Patta Survey No.239/1B2 and as per New Patta No.841 classified into New Survey No.239/1A2, Aathancheri Village, R.M. Nagar, Sriperumbudur Taluk, Kanchipuram District.
For Petitioner in both W.Ps.
:
Mr.C.Venkatesan For Respondents in both W.Ps. :
Mr.R.S.Selvam, Government Advocate C O M M O N O R D E R The petitioner has come up with these Writ Petitions seeking a direction to the 2nd respondent to dispose of his representation dated 27.11.2014 seeking issuance of patta in respect of the properties in question.
Since the issue involved in both Writ Petitions is one and the same, the Writ Petitions are taken up for disposal by a common order.
3.
According to the petitioner, he purchased two Plots vide Plot Nos.7 and 8, to an extent of 2925 sq. ft. and 2990 sq. ft., respectively, in Old Survey No.239/1A, 239/1B, 2, 3A & 4A bearing old Patta No.833, as per Patta Survey No.239/1B2 vide New Patta No.841, classified into resurvey No.239/1A2 at Aathancheri Village, R.M. Nagar, Sriperumbudur Taluk, Kanchipuram District, vide Document Nos.6470 and 6471 of 2012. 4.
It is the case of the petitioner that after purchase of the said property, he has been in possession and enjoyment of the same and hence, he sent a representation dated 27.11.2014 to the respondents seeking change of patta in his name. Thereafter, he sent several reminders to the respondents in respect of his grievance. Finding no response, the petitioner is before this Court.
5.
Heard the learned counsel on either side and perused the material documents available on record.
6.
Considering the facts and circumstances of the case, without going into the merits of the case, this Court directs the 2nd respondent to consider the petitioner's representation dated 27.11.2014 as regards grant of patta in his name, in accordance with law, after giving notice to the petitioner and pass appropriate orders within a period of three months from the date of receipt of a copy of this order.
This Writ Petition is disposed of with the above direction. No costs.
-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To:
1.
The District Collector, Office of the District Collector, Kanchipuram, Kanchipuram District.
The Tahsildar, Office of the Tahsildar, Chetty Street, Sriperumbudur, Kanchipuram District - 602 105.
4 + cc to Mr.C.Venkatesan, Advocate Sr.No.72278 2 + cc to The Government Pleader Sr.No.72662 & 72663 W.P.Nos.42884 & 42885 of 2016 CO/MP RRI 04/01/2017