R.Francis Ambrose v. District Collector
In the High Court of Judicature at Madras Dated : 18.11.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.33413 of 2024 & WMP.No.36200 of 2024 R.Francis Ambrose
...Petitioner
Vs 1.The District Collector, GST Road, Chengulpet-1.
2.The District Revenue Officer, GST Road, Chengulpet-1.
3.The Revenue Divisional Officer - Tambaram, Opposite to MEPZ, 4.The Tahsildar - Pallavaram, Kurinji Nagar, Ganapathypathypuram, Chrompet, Chennai-44.
5.The Assistant Commissioner - Urban Land Tax, 153, Karuneegar Street, Paramesh Nagar, Adambakkam, Chennai-88.
6.The Commissioner, Tambaram Municipal City Corporation, 1, Muthuranga Mudali Street, 7.The Member -Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, Egmore, Chennai-8.
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8.The Commissioner of Land Administration, II Floor, Ezhilagam, Chepauk, Chennai-5.
9.The Director of Survey and Settlement, Survey House, Ezhilagam, Chepauk, Chennai-5.
10.The Principal Secretary, Housing & Urban Development Department, Government of Tamil Nadu, Chennai-9.
11.The Principal Secretary, Revenue & Disaster Management Department, Government of Tamil Nadu, Chennai-9.
12.Diocese of Chengulpet Society, rep.by its President Bishop Anthonisamy Neethinathan
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 5, 8 and 9 to revoke the dubious patta issued to the 12th respondent for two parcels of lands consisting of 1.98 + 1.24 acres at S.Nos. 498/2, 499/5A2A1 and 500/2 in Block No.10, Ward No.E, Zamin Pallavaram Village, Pallavaram Taluk, Chengulpet District-600044 in the name of Amala Annai Aalayam/Diocese of Chengulpet Society thus taking appropriate actions based on the petitioner's representation vide letter reference RFA:CAPAC:ICCC:609:2024-2025 dated 10.5.2024.
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Petitioner :
Appearing in Person For R1 to R6 & R8 to R11 :
Mr.P.Sathish, AGP For R7 :
Ms.K.Mageshwari, Standing Counsel
ORDER
The long and short of the petitioner's request in this writ petition is for a Mandamus to respondents 1 to 5, 8 and 9 to consider his representation dated 10.5.2024 to cancel the patta granted to the 12th respondent in respect of the property comprised in S.Nos. 498/2, 499/5A2A1 and 500/2 in Block No.10, Ward E, Zamin Pallavaram Village, Pallavaram Taluk, Chengulpet District for an extent of 1.98 + 1.24 acres.
2. Heard the petitioner appearing in person, the learned Additional Government Pleader accepting notice for respondents 1 to 6 and 8 to 11 and the learned Standing Counsel accepting notice for the seventh respondent.
3. After going through the contents of the said representation and the request of the petitioner that he is only seeking to consider his representation, this Court does not propose to traverse through the 3/6
facts of the case.
4. Suffice it to state that the petitioner's request to cancel the patta issued to the 12th respondent vide representation dated 10.5.2024 having not been considered till date, the writ petition is allowed and the petitioner's grievance is redressed by issuing a Mandamus to the third respondent to consider the petitioner's representation and pass orders thereon. The third respondent shall issue notice to the petitioner, who is appearing as party in person and a personal hearing shall be given to him. Thereafter, the third respondent shall pass a speaking order and the said exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected WMP is closed.
18.11.2024 To 1.The District Collector, GST Road, Chengulpet-1.
2.The District Revenue Officer, GST Road, Chengulpet-1.
3.The Revenue Divisional Officer - Tambaram, Opposite to MEPZ, 4.The Tahsildar - Pallavaram, Kurinji Nagar, Ganapathypathypuram, 4/6
Chrompet, Chennai-44.
5.The Assistant Commissioner - Urban Land Tax, 153, Karuneegar Street, Paramesh Nagar, Adambakkam, Chennai-88.
6.The Commissioner, Tambaram Municipal City Corporation, 1, Muthuranga Mudali Street, 7.The Member -Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, Egmore, Chennai-8.
8.The Commissioner of Land Administration, II Floor, Ezhilagam, Chepauk, Chennai-5.
9.The Director of Survey and Settlement, Survey House, Ezhilagam, Chepauk, Chennai-5.
10.The Principal Secretary, Housing & Urban Development Department, Government of Tamil Nadu, Chennai-9.
11.The Principal Secretary, Revenue & Disaster Management Department, Government of Tamil Nadu, Chennai-9.
RS 5/6
P.T.ASHA,J RS WP.No.33413 of 2024& WMP.No.36200 of 2024 18.11.2024 6/6