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Madras High CourtWP/30076/2019disposed of

D.Samuel Premkumar v. The District Collector

2019-11-19Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19.11.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.30076 of 2019 D.Samuel Premkumar ...

Petitioner

Versus

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, Tambaram Region, Tambaram Taluk, Kancheepuram District.

3. The Tahsildar, Tambaram Taluk, Kancheepuram District.

...

Respondents PRAYER:-Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to consider the petitioner's representation dated 19.04.2018 within time frame and issue a patta in favour of the petitioner for the lands with extent of 2400 sq.ft in Old Survey Number.21/3B, New Survey No.21/3B1B, Survey Number as per the Patta. 21/5B and Patta No.364 situated at Thiruvancherry (Mappedu) Village, Tambaram Taluk, Kancheepuram District.

For Petitioner ..

Mr.K.T.S.Sivakumar For R1 to R3 ..

Mr.N.Inbanathan, Additional Government Pleader

O R D E R

This Writ Petition is filed, to direct the 2nd and 3rd respondents to consider the petitioner's representation dated 19.04.2018 within time frame and issue a patta in favour of the petitioner for the lands with extent of 2400 sq.ft in Old Survey Number.21/3B, Plot No.21/3B1B, Survey Number as per the Patta. 21/5B with Patta No.364 situated at Thiruvancherry (Mappedu) 1/3

Village, Tambaram Taluk, Kancheepuram District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3.

3. The petitioner herein based on the sale deed executed on 11.03.1999 has given a representation to the third respondent to issue patta. Since, no order has been passed by the third respondent is before this Court, seeking Writ of Mandamus to direct the respondents to consider his representation.

4. The learned Additional Government Pleader appearing for the respondents reports that the classification of the land for which, the petitioner seeks patta shows as excess land under the Urban Land Ceiling Act. Hence, thorough field inspection is required to ascertain the genuineness of the petitioner's request.

5. The learned Additional Government Pleader seeks eight weeks time to complete the enquiry and pass orders on the petitioner's representation.

6. Recording the same, this Writ Petition is disposed of, directing the third respondent to consider the representation of the petitioner and pass orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar nvi 2/3

To

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, Tambaram Region, Tambaram Taluk, Kancheepuram District.

3. The Tahsildar, Tambaram Taluk, Kancheepuram District.

+1 cc to Mr.K.T.S.Sivakumar Advocate sr96246 +1 cc to Government Pleader sr96564 Writ Petition No.30076 of 2019 aa26/12/2019 3/3