P.Balasubramanian v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.11.2023
CORAM:
THE HONOURABLE DR. JUSTICE D.NAGARJUN P.Balasubramanian
...Petitioner
Vs 1.
The District Collector, Chennai District.
The Revenue Divisional Officer, Central Chennai Division, Anna Nagar, Chennai - 600 101.
The Tahsildar, Ambattur Taluk, Chennai.
...Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents to issue patta in the name of the petitioner to the empty plot belonging to the petitioner admeasuring 1368 square feet out of 7212 square feet in the land comprised in Survey No.753/4A, 753/4B [ Survey No.753/4A Part] in TS No.151 situated at Ward-E, Block No.6, Padasalai Street, Kallikuppam, Ambattur after surveying by considering the petitioner's representation dated 24.03.2023 given to the second respondent. 1/6
For petitioner : Mr.Arul Murugan For respondents : Mr.P.Gurunathan Additional Government Pleader
ORDER
This writ petition is filed seeking a mandamus to direct the respondents to issue patta in the name of the petitioner for the empty plot belonging to him admeasuring 1368 square feet out of 7212 square feet in the land comprised in Survey No.753/4A, 753/4B [ Survey No.753/4A Part] in TS No.151 situated at Ward-E, Block No.6, Padasalai Street, Kallikuppam, Ambattur after surveying, by considering the petitioner's representation dated 24.03.2023 .
The facts in brief as submitted by the learned counsel for the petitioner are as follows:
2.1.
The petitioner had purchased an empty plot measuring about 1368 square feet out of 7212 square feet by way of a registered sale deed vide document bearing No.1984/2014 dated 05.05.2014 from its lawful owners.
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2.2.
The petitioner was not issued patta for the above said land and hence, he gave a representation dated 24.03.2023 to the second and third respondents to issue patta in his name. However, the petitioner was informed orally that the said land was acquired by the National Highways Department and patta could not be issued.
2.3.
The Sub-Inspector of Survey, Ambattur Taluk recommended the second respondent stating that the land in Survey No.753/4 had an entry in the name of Govinda Naidu in the Village 'A' register and recommended Govinda Naidu's name may be entered in the computerised village land register with respect to T.S.No.151 and further recommended to issue patta to the petitioner.
2.3.
Similarly, one M.Krishnamoorti had also purchased an empty plot admeasuring 453 square feet out of 7212 square feet in the above said land and he had also given a representation to the second respondent to issue patta, thereby he was also orally informed that the said land was acquired by the National Highways Department and patta could not be issued.
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2.4.
To verify the correctness of the information given by the Department, M.Krishnamoorti gave a representation to the Special Tahsildar (LA), National Highways to provide the details of acquisition made in the land comprised in T.S.No.151 2.5.
The Special Tahsildar (LA), National Highways, Thiruvallur issued a letter dated 11.10.2023 stating that the land admeasuring 540 square meter in T.S.No.151/1 is intact and was not acquired by the National Highways. Even after that, the respondents did not issue patta in his name and hence, sought for directions.
Learned Additional Government Pleader appearing for the respondents submitted that if a specific time frame is fixed by this Court, the petitioner's representation dated 24.03.2023 will be disposed of. 4.
Considering the nature of relief sought by the petitioner and also the submission of the learned Additional Government Pleader, this writ petition is disposed of directing the respondents to consider the petitioner's representation dated 24.03.2023 in respect of grant of patta for his empty 4/6
plot admeasuring 1368 square feet out of 7212 square feet in the land comprised in Survey No.753/4A, 753/4B [ Survey No.753/4A Part] in TS No.151 situated at Ward-E, Block No.6, Padasalai Street, Kallikuppam, Ambattur by considering the petitioner's representation dated 24.03.2023 . and pass orders on the same in the manner known to law as quickly as possible, at any rate, not later than six weeks. No costs. 23.11.2023 vca Internet :
Yes Index :
Yes/No Citation :
Yes/No To 1.
The District Collector, Chennai District.
The Revenue Divisional Officer, Central Chennai Division, Anna Nagar, Chennai - 600 101.
The Tahsildar, Ambattur Taluk, Chennai.
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Dr.D.NAGARJUN.J, vca 23.11.2023 6/6