P.Chinnappa v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 36663 of 2024 P.Chinnappa

...Petitioner

Vs.

1.The Tahsildar, Mylapore Taluk, Extension, Bishop Garden, 46, Greenways Road, Raja Annamalai Puram, Chennai.

2.Ganesan

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondents 1 to 3 to issue proper patta in favour of the petitioner pertaining to the immovable property comprised in OFB No. 5618, 5619, 5620, 5642 and 5643 within the 1/6

SRO Mylapore, Block No.0073 Mylapore part II Town having total extent of 1365 + 1549 = 2914 sq.ft., within Teynampet Guideline village, bearing new door No.95, 97 old door No.43, 44 that shall contain common pathway.

For Petitioner :

Mr. T.S.Rajamohan For Respondent 1:

Mr. P.Sathish Additional Government Pleader.

O R D E R

The Writ Petition is filed for the following relief: "To direct the respondents 1 to 3 to issue proper patta in favour of the petitioner pertaining to the immovable property comprised in OFB No. 5618, 5619, 5620, 5642 and 5643 within the SRO Mylapore, Block No.0073 Mylapore part II Town having total extent of 1365 + 1549 = 2914 sq.ft., within Teynampet Guideline village, bearing new door No.95, 97 old door No.43, 44 that shall contain common pathway".

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2.The petitioner is aggrieved by the fact that when the patta in respect of the subject property has been issued in his favour, the passage to the property has not been shown in the patta sketch. The petitioner has submitted a representation even as early as on 10.03.2022 to the 1st respondent to rectify the said defect. However, to date, no steps have been taken on this representation. Therefore, the petitioner is before this court.

3. Heard the learned counsels on the either side and perused the records.

4. Considering the above and taking note of the fact that the petitioner has prima facie proved his title to the subject matter including common pathway, a mandamus is issued to the respondent to consider and pass orders on the petitioner's representation dated 10.03.2022, after affording him personal hearing and on perusing his documents. The said exercise shall be completed within a period of 6 weeks from the date of receipt of a copy of this order. 3/6

5. The Writ Petition is allowed. No costs.

09.12.2024 Index : Yes/No Internet : Yes/No kan To 4/6

1.The Tahsildar, Mylapore Taluk, Extension, Bishop Garden, 46, Greenways Road, Raja Annamalai Puram, Chennai.

P.T. ASHA, J, 5/6

kan W.P.No. 36663 of 2024 09.12.2024 6/6