A.Zia Ui Rehman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.33343 of 2022 A.Zia UL Rehman ... Petitioner -Vs1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Revenue Divisional Officer, Thiruvallur District, Thiruvallur.

3. The Tahsildar, Avadi Taluk, Thiruvallur District.

... Respondents Prayer : Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 3rd respondent to issue patta for the property in Plot No.53, Antony Nagar, 3rd Cross Street, Thirumullaivoyal, Thiruvallur - 600 062 comprised in Survey No.884 measuring an extent of 1800 sq.ft. by considering representation dated 10.11.2022.

For Petitioner : Mr. R.Govindasamy For Respondents : Mrs.N.Senthil Selvi Government Advocate 1/5

ORDER

The prayer sought for in this writ petition is for a writ of mandamus directing the 3rd respondent to issue patta for the property in Plot No.53, Antony Nagar, 3rd Cross Street, Thirumullaivoyal, Thiruvallur - 600 062 comprised in Survey No.884 measuring an extent of 1800 sq.ft. by considering the representation dated 10.11.2022.

2. In respect of the property situated at Plot No.53, Antony Nagar, 3rd Cross Street, Thirumullaivoyal, Thiruvallur - 600 062 comprised in Survey No.884 measuring to an extent of 1800 sq.ft, the petitioner wanted to have a patta, therefore, he has given a representation dated 10.11.2022. In order to consider the same, the present writ petition has been filed.

3. Heard Mr.R.Govindasamy, learned counsel appearing for the petitioner and Mrs.N.Senthil Selvi, learned Government Advocate appearing for the respondents.

4. Mrs.N.Senthil Selvi, learned Government Advocate appearing 2/5

for the respondents would submit that, if at all the petitioner claims that the property in question belongs to the petitioner, he must make an application through on-line, then only it would be considered by the respondent Tahsildar i.e., third respondent on merits and in accordance with law within a time frame that may be stipulated by this Court.

5. Having regard to the said submission made by the learned counsel appearing for both sides, this Court is inclined to dispose of this writ petition with the following order:

That it is open to the petitioner to make an on-line application to the third respondent seeking patta for the land in question and on receipt of such application through on-line with necessary fee, the third respondent shall consider the same and pass orders thereon after giving an opportunity of being heard to the petitioner as well as any third party, if such notice is required to any third parties and an order shall be passed within a period of six(6) weeks from the date of receipt of a copy of this order.

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With this direction, this writ petition is disposed of. No costs. 12.12.2022 Index : Yes/No Speaking order: Yes/No mp To

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Revenue Divisional Officer, Thiruvallur District, Thiruvallur.

3. The Tahsildar, Avadi Taluk, Thiruvallur District.

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R. SURESH KUMAR, J.

mp W.P.No. 33343 of 2022 12.12.2022 5/5