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Madras High CourtWP/9193/2016disposed of

Mr.A.Vijayan, v. The Collector,

2016-03-11Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.Nos.9193 to 9195 of 2016 Mr.A.Vijayan .. Petitioner in W.P.No.9193 of 2016 Mr.Asvathanarayanan Sridhar.. Petitioner in W.P.No.9194 of 2016 Mr.A.R.Santhakumar .. Petitioner in W.P.No.9195 of 2016 Vs.

1. The Collector, Kancheepuram District.

2.The Thasildhar, Sholinganallur Taluk, Sholinganallur, Kancheepuram District.

.. Respondents in all the Writ Petitions.

Writ Petition No.9193 of 2016 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the second respondent to consider the patta application, dated 30.06.2014, Ref. RPT.No.3175 of 2014 given to the second respondent for issuance of computerised patta in the name of the petitioner in respect of land in S.No.117 (as per patta S.No.117/19), in Narayanapuram Varisai, 5th Thakku, Paimash No.1259, Southern portion of house site, bearing Plot No.1617, measuring an extent of 2607 Sq.Ft., Ram Nagar Layout, Madipakkam Village, Sholinganallur Taluk, Kancheepuram District and pass orders within the time frame filed by this court. Writ Petition No.

9194 of 2016 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the second respondent to consider the patta application, dated 30.06.2014, Ref.RPT.No.3174 of 2014 given to the second respondent for issuance of computerised patta in the name of the petitioner in respect of land in S.No.117 (as per patta S.No.117/19), in Narayanapuram Varisai, 5th Thakku, Paimash No.1259, Northern portion of house site, bearing Plot No.1617, measuring an extent of 2193 Sq.Ft., Ram Nagar Layout, Madipakkam Village, Tambaram Tluk, Kancheepuram Dt. within a reasonable time fixed by this court.

Writ Petition No.9195 of 2016 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the second respondent to consider the application, dated 30.06.2014, Ref. RPT.No.3176 of 2014 given to the second respondent for issuance of computerised patta in respect of land 4800 Sq.Ft., Ram Nagar Layout, measuring in S.No.117/20 Madipakkam Village, Sholinganallur Taluk, Kancheepuram District and pass orders within a reasonable time fixed by this court.

For petitioners in all the Writ Petitions : Mr.Shivakumar For Respondents in all the Writ Petitions : Mr.P.Karthikeyan, Govt. Advocate

ORDER

The petitioner in W.P.No.9193 of 2016 prays for issuance of a Writ of Mandamus to direct the second respondent to consider the patta application, dated 30.06.2014, Ref. RPT.No.3175 of 2014 given to the second respondent for issuance of computerised patta in the name of the petitioner in respect of land in S.No.117 (as per patta S.No.117/19), in Narayanapuram Varisai, 5th Thakku, Paimash No.1259, Southern portion of house site, bearing Plot No.1617, measuring an extent of 2607 Sq.Ft., Ram Nagar Layout, Madipakkam Village, Sholinganallur Taluk, Kancheepuram District.

2. The petitioner in W.P.No.9194 of 2016 prays for issuance of a Writ of Mandamus to direct the second respondent to consider the patta application, dated 30.06.2014, Ref. RPT.No.3174 of 2014 given to the second respondent for issuance of computerised patta in the name of the petitioner in respect of land in S.No.117 (as per patta S.No.117/19), in Narayanapuram Varisai, 5th Thakku, Paimash No.1259, Northern portion of house site, bearing Plot No.1617, measuring an extent of 2193 Sq.Ft., Ram Nagar Layout, Madipakkam Village, Sholinganallur Taluk, Kancheepuram District.

3. The petitioner in W.P.No.9195 of 2016 prays for issuance of a Writ of Mandamus to direct the second respondent to consider the application, dated 30.06.2014, Ref. RPT.No.3176 of 2014 given to the second respondent for issuance of computerised patta in respect of land 4800 Sq.Ft., Ram Nagar Layout, measuring in S.No.117/20 Madipakkam Village, Sholinganallur Taluk, Kancheepuram District.

4. It is stated by the petitioners in W.P.Nos.9193 and 9194 of 2016 that they owned the above said respective properties by

way of registered settlement deeds and that the pattas stand in respect of their respective mother's name and those petitioners are in possession of the above mentioned respective properties. It is stated by the petitioner in W.P.No.9195 of 2016 that he purchased his above said property by way of registered sale deed, dated 23.03.1964 from one K.B.Gopinathan and since then, he has been in possession of the property.

5. It is the common case of all the petitioners that for developing their properties, the local planning authorities insist for computerised patta in their names; hence, they applied for the same on 30.06.2014 to the second respondent through the Village Administrative Officer, Madipakkam Village1, Sholinganallur Taluk and along with the application for issuance of computerised pattas, they furnished all the required documents including the earlier manual pattas. Inspite of several requests and also appearing in person, the second respondent did not respond. Hence, the petitioners have filed these Writ Petitions for the above mentioned respective prayers.

6. Heard both sides.

7. Without going into the merits of the claim of the petitioners, this Court directs the second respondent to consider the said representations/applications, dated 30.06.2014 in respect of the respective petitioners, conduct enquiry, give an opportunity of personal hearing to the petitioners and necessary parties, and thereafter pass appropriate orders and dispose of the said representations/applications, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

8. With the above observations and directions, the Writ Petitions are disposed of.

No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cs Copy to

1. The Collector, Kancheepuram District.

2.The Thasildhar, Sholinganallur Taluk, Sholinganallur, Kancheepuram District.

+3 ccs to Mr.Shivakumar & Suresh, Advocate,sr.15898 +1 cc to Government Pleader, sr.16079 W.P.Nos.9193 to 9195 of 2016 sr co kra 24.03.2016