A.Hamid Sultan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.31238 of 2022 and W.M.P.No.30679 of 2022 A.Hamid Sultan ... Petitioner Vs.
1. The District Collector, Chennai.
2. The Revenue Divisional Officer, Fort St.George, Tondiarpet Taluk, Chennai.
3. The Tahsildar, Tondiarpet Taluk, Rettakuri Street, Chennai.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to consider the written representation dated 16.06.2022 addressed to the respondents 2 & 3 to issue patta for the house site comprised in R.S.No.3239, Block No.48 bearing Door No.75/34, shaik Maistry Street, Royapuram, Chennai 600 013. For Petitioner : Mr.J.R.K.Bhavanantham For Respondents : Mr.U.Bharanidharan Additional Government Pleader
ORDER
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This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the third respondent to consider the written representation dated 16.06.2022 addressed to the respondents 2 & 3 to issue patta for the house site comprised in R.S.No.3239, Block No.48 bearing Door No.75/34, Shaik Maistry Street, Royapuram, Chennai 600 013.
2. The case of the petitioner is that the petitioner inherited the aforesaid property from his ancestors and registered release deed, dated 19.01.2016, vide Doc.No.159 of 2016 from his brothers and sisters. It is stated that Deputy Tahsildar, Tondiarpet Taluk furnished information vide letter, dated September 2016, that the land in R.S.No.3239, of an extent of the site at 1965 sq.ft stands in the name of the petitioner's mother Mehboob Bi. Therefore, the petitioner made a representation dated 16.06.2022 before the respondents, seeking issuance of patta in respect of the aforesaid property in the name of the petitioner. Since the said representation was not considered by the respondents, the petitioner had filed the present Writ Petition.
3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, this Court vide 2/5
order dated 23.11.2022 issued direction to the third respondent to consider the petitioner's representation, if it is otherwise in order, on or before 01.12.2022. However, the said representation was not considered by the third respondent. Further, he submitted that it would suffice, if this Court issues a direction to the third respondent to consider the petitioner's representation dated 16.06.2022 and pass orders on the same within a particular time frame to be fixed by this Court.
4. The learned Additional Government Pleader appearing for the respondents submitted that, the petitioner's representation will be considered and appropriate orders will be passed in the manner known to law.
5. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the third respondent to consider the petitioner's representation dated 16.06.2022 and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.
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6. With the above observation and direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
01.12.2022 Index : Yes / No Speaking order: Yes/ No jd To
1. The District Collector, Chennai.
2. The Revenue Divisional Officer, Fort St.George, Tondiarpet Taluk, Chennai.
3. The Tahsildar, Tondiarpet Taluk, Rettakuri Street, Chennai.
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M.DHANDAPANI, J.
jd W.P. No.31238 of 2022 01.12.2022 5/5