P.Palanichamy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Palanichamy

...Petitioner

Vs.

1.

The Revenue Divisional Officer, Ponneri Division, Thiruvallur District.

2.

The Tahsildar, Ponneri Taluk, Thiruvallur District.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent herein to issue patta to the petitioner for the property situated at a plot bearing Plot No.108 and measuring an extent of 187 sq. mt., (2013 sq.ft.,) in the approved layout vide No.P.P.D/L.O.No.26/2010 comprised in Old Survey No.8/2, and New Survey No.155/2 (part) Acres 15.98 out of Acres 63.88 and in Old Survey No.9 and New Survey No.156 (Part), Acres 16.52 out of Acres 21.00 totalling Acres 32.50 as per Patta No.3311 in New Survey No.155/2B1 and 156/2A and out of Acres of Plot No.108. A comprised in New Survey No.156/2A, 156/2A1A1A1A situated No.118, Padiayanallur Village, Ponneri Taluk, Thiruvallu District.

For Petitioner : Mr.R.Udaya Kumar 1/6

For Respondents : Mr.U.Baranidharan, AGP

O R D E R

The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus to direct the second respondent to issue patta in favour of the petitioner in respect of the subject property.

2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice for the respondents. In view of the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that he has purchased the plot bearing Plot No.108 measuring an extent of 187 sq. mtrs., situated in the approved layout, vide No.P.P.D/L.O.No.26/2010 comprised in Old S.No.8/2, New S.No.155/2 (part) Acres 15.98 out of Acres 63.88 and in Old S.No.9, New S.No.156 (Part) Acres 16.52 out of Acres 21.00 totalling Acres 32.50 as per Patta No.3311 in New S.No.155/2B1 and 156/2A, of Plot No.108, comprised in New S.No.156/2A, 156/2A1A1A1A situated No.118, Padiayanallur Village, Thiruvallur District. Pursuant to the said purchase, 2/6

the petitioner made an application dated 13.10.2022 before the 2nd respondent seeking transfer of patta in respect of the subject property to his name, however, till date, no orders have been passed on the said application, despite the production of the order copy of this Court made in W.P.Nos.4509, 4608 and 5506 of 2022 filed by the similarly situated persons, pursuant to which pattas were granted in their favour. Hence, this Writ petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the 2nd respondent to consider the petitioner's application dated 13.10.2022 and to consequently, transfer the patta in respect of the subject property to the petitioner's name, as expeditiously as possible.

5. Learned Additional Government Pleader has no serious objection for the said order being passed and he fairly submitted that appropriate orders will be passed on the petitioner's application 13.10.2022 within the time stipulated by this Court.

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6. Considering the limited request made by the learned counsel for the petitioner, this Court without expressing any opinion on the merits of the case, issues direction to the 2nd respondent to consider the petitioner's application dated 13.10.2022 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.

7. Accordingly, this Writ petition is disposed of. No costs. 01.12.2022 skt Speaking Order : Yes/ No Index : Yes/ No To 1.

The Revenue Divisional Officer, Ponneri Division, Thiruvallur District.

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2.

The Tahsildar, Ponneri Taluk, Thiruvallur District M.DHANDAPANI, J.

skt 5/6

01.12.2022 6/6