E.Balakrishnan v. The Thasildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.33460 of 2022 E.Balakrishnan ....

Petitioner -VsThe Thasildhar Velachery Taluk Office Velachery, Chennai 600 042.

....

Respondent Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 04.10.2021 and consequently direct the respondent to issue patta in respect of his land measuring 5 cents comprised in S.No.165/1, situated at E-16/22, Dr.Ambedkar Street, Lakshmipuram Village, Thiruvanmiyur, Chnenai 600 041.

For Petitioner : Mr.C.Mohan Raj For Respondent : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 04.10.2021 and consequently direct the respondent to issue patta in respect of his land 1 / 4

measuring 5 cents comprised in S.No.165/1, situated at E-16/22, Dr.Ambedkar Street, Lakshmipuram Village, Thiruvanmiyur, Chennai 600 041.

2. It is the claim of the petitioner that she has been given assignment patta in respect of the land measuring 5 cents comprised in S.No.165/1, situated at E-16/22, Dr.Ambedkar Street, Lakshmipuram Village, Thiruvanmiyur, Chennai 600 041 , where the petitioner has constructed a dwelling house and has been residing for long years. As the petitioner is an aged person (around 85 years old) he wanted to settle the property before his last breath. Therefore, in order to get patta, the petitioner has given a representation on 04.10.2021 and the said representation since has not been considered by the respondents, he has moved the present writ petition with the aforesaid prayer.

3. Heard Mr.C.Mohan Raj, learned counsel for the petitioner and Mr.Yogesh Kannadasan learned Special Government Pleader appearing for the respondent.

4. Learned Government Pleader would submit that in order to get patta, if the petitioner has made an application by way of a representation that may not be considered. However, if the petitioner comes forward to make an online application after paying necessary fee, that would be considered and decided in 2 / 4

on merits and in accordance with law by the respondent within a time frame that may be stipulated by this Court.

5. In view of the aforesaid submission made by the learned Government Pleader and having regard to the fact that the petitioner is of 85 years of age, this Court is inclined to dispose of this writ petition with the following order: ●That it is open to the petitioner to make an online application to the respondent within a period of two weeks from the date of receipt of a copy of this order.

●On receipt of the same, there shall be a direction to the respondent to consider the online application to be filed by the petitioner with regard to grant of patta to the petitioner's land as claimed by him and accordingly pass necessary orders thereon on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. 13.12.2022 Index : Yes/No Internet : Yes/No KST 3 / 4

Note : Issue order copy by 14.12.2022 R. SURESH KUMAR, J.

KST To The Thasildhar Velachery Taluk Office Velachery, Chennai 600 042.

W.P.No. 33460 of 2022 13.12.2022 4 / 4