Dr.Vijay Bushanam v. The Commissioner

In the High Court of Judicature at Madras Dated : 22.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.1094 of 2025 Dr.Vijay Bushanam

...Petitioner

Vs 1.The Commissioner, Corporation of Greater Chennai, Ripon Building Park Town, Chennai-3.

2.The District Revenue Officer Collectorate Campus Rajaji Salai, Chennai-1.

3.The Revenue Divisional Officer Collectorate Campus Rajaji Salai, Chennai-1.

4.The Zonal Officer, Corporation of Greater Chennai, Zone 8, No.36-B, Pulla Avenue Shenoy Nagar, Chennai-31.

5.The Tahsildar, Egmore Taluk having office at Chetpet Chennai-31.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the fifth respondent to consider the representation dated 31.3.2022 of the petitioner for grant of patta to the petitioner in respect of the land and building 1/6

bearing Door No.54/76, Aspiran Garden 2nd Street, Kilpauk, Chennai10 and to pass appropriate orders thereon on merits within a time to be specified by this Court.

For Petitioner :

Mr.M.Elumalai For R1 & R4 :

Ms.K.Aswini Devi Standing Counsel For R2, R3 & R5 :

Mr.S.Jayachandran, GA

ORDER

Seeking a direction to the fifth respondent to consider his representation dated 31.3.2022 for the issuance of patta in respect of the land and building bearing Door No.54/76, Aspiran Garden 2nd Street, Kilpauk, Chennai-10, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner, the learned Standing Counsel accepting notice for respondents 1 and 4 and the learned Government Advocate accepting notice for respondents 2, 3 and 5.

3. The case of the petitioner is as follows : (i) The subject property was purchased by the petitioner's father vide sale deed dated 25.9.1978 registered as doc.No.1072 of 1978 on the file of the Sub-Registrar, Periyamet for a valid sale consideration 2/6

from the Corporation of Madras. The petitioner's father and mother died on 06.4.1982 and 07.11.1980 respectively. After their demise, the petitioner succeeded to the estate of his father. The petitioner has been paying property tax and got an electricity service connection in his name in respect of the subject property.

(ii) At a later point of time, seeking issue of patta in respect of the subject property, the petitioner sent a representation dated 31.3.2022 to the fifth respondent. Pursuant to the said representation, the surveyor attached to the office of the fifth respondent surveyed the subject property and thereafter, found that the subject property has been classified as 'corporation public and for water works' in the town survey land register whereas according to the petitioner, a valid sale deed was executed in favour of the petitioner's father in respect of the subject property.

(iii) Further, by proceedings dated 21.5.2023, the fifth respondent sent a communication to the fourth respondent stating that already vide communication dated 14.6.2022, a no objection certificate and the layout of the plot were required to be sent to the District Revenue Officer (Land & Entitlement), Corporation of Chennai, and however, no action has been taken on that. In the said communication dated 21.5.2023, attention was drawn to the communication dated 18.8.2022 wherein the Assistant Commissioner, 3/6

Revenue & Finance, Corporation of Greater Chennai stated that since the subject property has been classified as 'corporation public and for water works' in the town survey land register, the concerned official in the office of the fourth respondent could be invited to give statement and produce documents before passing the final orders. But, till date, the petitioner has been kept in total dark. Hence the writ petition.

4. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the fifth respondent to consider the said representation of the petitioner dated 31.3.2022 for the grant of patta in respect of the subject property, on merits and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs. 22.1.2025 To

1. The Commissioner Corporation of Greater Chennai Ripon Building Park Town, Chennai 600 003.

2. The District Revenue Officer Collectorate Campus Rajaji Salai Chennai 600 001.

3. The Revenue Divisional Officer Collectorate Campus 4/6

Rajaji Salai Chennai 600 001.

4. The Zonal Officer Corporation of Greater Chennai Zone 8, No.36-B, PUlla Avenue Shenoy Nagar Chennai 600 031.

5. The Tahsildar Egmore Taluk having office at Chetpet Chennai 600 031.

RS 5/6

P.T.ASHA,J RS 22.1.2025 6/6