Madras High CourtWP/34319/2023disposed of

Sri Devi Muthumariamman Temple Trust v. District Revenue Officer

2023-12-12Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Sri Devi Muthumariamman Temple Trust, Rep.by its Trustee Mr.P.T.Rajappa, No.1/2, Thiruvallur Street, Dr.Kalainar Nagar, (Ex.JJ Nagar), Manali New Town, Chennai - 600 103.

... Petitioner versus 1.District Revenue Officer, Land & Estate Department, Greater Chennai Corporation, Rippon Building Campus, Chennai -600 003.

2.Special Tahsildar, Land & Estate Department, Greater Chennai Corporation, Ripon Building Campus, Chennai - 600 003.

3.The District Collector, The Collectorate, Singhara Velar Maligai, Rajaji Salai, Chennai - 600 001.

.....Respondents Pg.Nos.1/5

Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 28.08.2023 for issuance of patta to all the residents of Dr.Kalaingar Nagar Slum Area, Manali Town, Chennai - 600 103 in Survey Nos.9/1A1, 9/1A2 and 9/C3.

For Petitioners :

Mr.R.Adbul Mubeen for Mr.Najeeb Usman Khan For Respondents :

Mr.P.Prithvi Chopda Standing Counsel for Corporation for R1 and R2 Mr.P.Gurunathan Additional Government Pleader for R3

O R D E R

Mr.P.Prithvi Chopda, learned Standing Counsel for Corporation accepts notice for respondents 1 and 2 and Mr.P.Gurunathan, learned Additional Government Pleader accepts notice for the third respondent. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage, itself.

Pg.Nos.2/5

2. This writ petition has been filed seeking for a Mandamus directing the respondents to consider the representation dated 28.08.2023, in and by which, the petitioner - Trust sought for issuance of Patta to all the residents of Dr.Kalaingar Nagar Slum Area, Manali Town, Chennai - 600 103 in Survey Nos.9/1A1, 9/1A2 and 9/C3.

3. The main grievance of the petitioner is that the said representation has not been considered so far and hence, the petitioner is before this Court by way of filing this writ petition.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the first respondent to consider the representation of the petitioner dated 28.08.2023 and pass appropriate orders on merits and in accordance with law, after giving notice to the petitioner as well as interested parties/rival claimants, within a period of two months from the date of receipt of a copy of this order.

Pg.Nos.3/5

5. With the above direction, this Writ Petition is disposed of. However, there shall be no order as to costs. 12.12.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.The District Revenue Officer, Land & Estate Department, Greater Chennai Corporation, Rippon Building Campus,Chennai -600 003.

2.The Special Tahsildar, Land & Estate Department, Greater Chennai Corporation, Ripon Building Campus,Chennai - 600 003.

3.The District Collector, The Collectorate, Singhara Velar Maligai, Rajaji Salai, Chennai - 600 001.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 12.12.2023 Pg.Nos.5/5