Madras High CourtWP/32128/2023disposed of

S.Saraswathi v. The District Collector,

2023-11-09Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.Saraswathi ... Petitioner versus 1.The District Collector, First Floor, Collectorate, Kancheepuram District, Pin- 631 501.

2.The Tahsildar, Ramanujar Nagar, Sriperumbudur Taluk, Pin- 602 105.

3.The Tahsildar, Kunrathur Taluk, Kancheepuram District.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the first respondent to consider the representation dated 24.01.2023 and direct the respondents concerned to issue separate patta to the petitioner in respect of her property measuring an Pg.Nos.1/5

extent of 0.28 cents bearing Survey No.167/2 situated at Madambakkam Village, Kundrathur Taluk, Kancheepuram District comprised in Joint Patta No.540 bearing Sub division Survey No.167/SA1A1A within the jurisdiction of the Sub Registrar, Tambaram.

For Petitioner : Mr.M.Arvind Kumar For Respondents : Mr.V.Veluchamy Additional Government Pleader

O R D E R

Mr.V.Veluchamy, learned Additional Government Pleader takes for the respondents. With the consent of both the parties the writ petition is taken up for final disposal at the admission stage, itself.

2. The petitioner has come up with the present Writ Petition for a mandamus, directing the first respondent to consider her representation dated 24.01.2023, wherein and whereby, she sought for issuance of separate Patta in respect of her property measuring an extent of 0.28 cents bearing Survey No.167/2 situated at Madambakkam Village, Kundrathur Taluk, Kancheepuram District comprised in Joint Patta No.540 bearing Sub Pg.Nos.2/5

division Survey No.167/SA1A1A within the jurisdiction of the Sub Registrar, Tambaram.

3. Today, the learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the first respondent to issue separate Patta in favour of the petitioner for the subject property.

4. The learned Additional Government Pleader appearing for respondents submitted that respondents 1 to 3 may be directed to consider the petitioner's representation and pass orders on merits in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, respondents 1 to 3 are directed to consider the representation of the petitioner dated 24.01.2023, and pass appropriate orders, on merits and in accordance with law, after giving notice to all the interested parties, rival Pg.Nos.3/5

claimants and/or adjacent owners and after conducting enquiry, within a period of three months from the date of receipt of a copy of this order.

6. Accordingly, this writ petition is disposed of. There shall be no order as to costs.

09.11.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.The District Collector, First Floor, Collectorate, Kancheepuram District, Pin- 631 501.

2.The Tahsildar, Ramanujar Nagar, Sriperumbudur Taluk, Pin- 602 105.

3.The Tahsildar, Kunrathur Taluk, Kancheepuram District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 09.11.2023 Pg.Nos.5/5