Madras High CourtWP/43026/2016disposed of

M.Babu Narayanan, v. The District Collector

2016-12-09Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2016

CORAM

THE HON'BLE Mr.JUSTICE M.SATHYANARAYANAN W.P.No.43026 of 2016 M.Babu Narayanan ... Petitioner -Vs1. The District Collector, Kancheepuram,

2. The Revenue Divisional Officer, *Chengalpet.

3. The Tahsildar, *Thiruporur, ... Respondents Writ petition is filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus to direct the respondents to grant patta in favour of the petitioner for the property, the property situated at Plot No.13, in Survey No.17/2B and 17/2C, Karanai Village, Thazhambur Panchayat, formerly Chengalpet Taluk and at present Thiruporur Sriperumbudur Taluk, Kancheepuram District, measuring 2400 sq.ft. by considering the petitioner's applications for patta dated 31.07.2015 and 26.09.2016.

For Petitioner : Mr.R.Prem Narayan For Respondents : Mr.P.V.Selvakumar, Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner claims to be the absolute owner of the property at Plot No.13, in Survey No.17/2B and 17/2C, Karanai Village, Thazhambur Panchayat, Thiruporur Taluk, Kancheepuram District, measuring 2400 sq.ft. and he purchased the same from M/s.Smart City Promoters Private Ltd. represented by its Power

of Attorney, Syed Ahmed, S/o Syed Sathakulla vide Sale Deed registered on 04.04.2013 as Document No.4505 and submitted an application to the 3rd respondent praying for issuance of patta and subsequently, it was returned on the ground that the lay out drawing and the sketch have not been enclosed. The petitioner, in the form of representation dated 26.09.2016, complied with the said defects and prayed for issuance of patta. Though it was received by the 3rd respondent on 26.09.2016, no orders have been passed. Hence, the petitioner came forward to file this writ petition.

3. Heard the submission of the learned counsel for the petitioner and Mr.P.V.Selvakumar, learned Additional Government Pleader who accepts notice on behalf of the respondents.

4. Though the petitioner prays for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the third respondent to consider and dispose of the petitioner's representation dated 26.09.2016 on merits and in accordance with law and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) Dated : 03.01.2017 *Corrected as per letter given by the Petitioner Counsel dated 24.01.2017.

Sd/- Assistant Registrar(CS IV) Dated : 30.01.2017 //True Copy// Sub Assistant Registrar vsi To

1. The District Collector, To be substituted to the Kancheepuram, Order already despatched

2. The Revenue Divisional Officer, on 23.01.2017 *Chengalpet.

3. The Tahsildar, *Thiruporur,

4. The Taluk Surveyor, Thiruporur Taluk, +1cc to Mr.R. Prem Narayan, Advocate, S.R.No.72554 +1cc to the Government Pleader, S.R.No.72969 W.P.No.43026 of 2016 ppa(CO) md(04/01/2017) CA(30.01.2017)