Madras High CourtWP/509/2023disposed of

C.Chitharanjan v. The District Collector

2023-08-10Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10-08-2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Mr.C.Chitharanjan ... Petitioner Vs.

1.The District Collector, Chengalpattu District, Office of District Collector, Chengalpattu.

2.The Tahsildar, Vandalur Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the representation dated 02.05.2022 of the petitioner and direct the respondents to grant patta in favour of the petitioner for Plot No.1 and 2 measuring an extent of 4988 sq.ft., in the layout "Sri Aishwarya Avenue" comprised in S.No.5/2C and 5/2D, situated at No.10, Puthur Village, previously Chengalpattu Taluk, now Vandalur Taluk, Chengalpattu District.

For Petitioner : Mr.R.Sankarakutralingam For Respondents : Mr.S.Silambanan, Additional Advocate General Assisted by Mr.T.Venkatesh Kumar, Special Government Pleader.

O R D E R

The relief sought for in the present writ petition is to direct the respondents to consider the representation dated 02.05.2022 of the petitioner and direct the respondents to grant patta in favour of the petitioner for Plot No.1 and 2 measuring an extent of 4988 sq.ft., in the layout "Sri Aishwarya Avenue" comprised in S.No.5/2C and 5/2D, situated at No.10, Puthur Village, previously Chengalpattu Taluk, now Vandalur Taluk,

2. The petitioner claims that he purchased Plot No. 1 and 2 measuring an extent of 4988 sq.ft., in the layout "Sri Aishwarya Avenue" comprised in S.No.5/2C and 5/2D, situated at No.10, Puthur Village,

previously Chengalpattu Taluk, now Vandalur Taluk, Chengalpattu District vide Sale Deed dated 09.10.1992 registered as Document No.5502 of 1992 on the file of the Sub Registrar Office, Tambaram.

3. The petitioner submitted an application on 23.02.2021 for grant of patta. The Tahsildar, Vandalur rejected the same mainly on the ground that the said land has been classified as 'Government Land'.

4. When the revenue records reveal that the subject property has been classified as 'Government Land', the second respondent-Tahsildar, Vandalur Taluk, Chengalpattu District, cannot take decision or grant patta. Thus the second respondent-Tahsildar relegated the petitioner to approach the Commissioner of Land Ceiling for deciding the issues.

5. This being the reply given to the petitioner, the petitioner is at liberty to approach the Commissioner of Land Ceiling and in the event of any such approach by the petitioner by means of an appeal, the said appeal is to be considered on merits and in accordance with law and by conducting an enquiry.

6. With the above observations, the present writ petition stands disposed of. However, there shall be no order as to costs. 10-08-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To 1.The District Collector, Chengalpattu District, Office of District Collector, Chengalpattu.

2.The Tahsildar, Vandalur Taluk,

S.M.SUBRAMANIAM, J.

Svn WP 509 of 2023 10-08-2023