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Madras High CourtWP/1338/2025allowed

S.Venkatesan v. The State Of Tamil Nadu

2025-01-23Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :23.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 1338 of 2025 S.Venkatesan

...Petitioner

Vs

1. The State of Tamil Nadu Rep. by its Secretary, Revenue Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Thiruvallur District,

3. The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai 600 008.

4. The Commissioner Avadi City Municipal Corporation, Avadi.

5. The Chief Engineer, Public Works Department, Thiruvallur District, Thiruvallur 1/6

6. The Tahsildhar, Ambattur Taluk,

7. The Tahsildar, Avadi Taluk, Dheena Dayalan Nagar, Pattabiram, Thiruvallur District- 600054.

[R7 is suo motu impleaded as per order of this Court dated 23.01.2025] ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to conduct an enquiry and to issue patta in favour of the petitioner in respect of his property situate at Plot No.19, Door No.21A, Ganapathy Street, Ganapathy Nagar, Thirumullaivoyal, Chennai 600 062, measuring an extent of 2.440 square feet together with a building thereon comprised in Survey Nos.518/1 and 518/2, formerly bearing Plot No.3, in Village No.16, Thirumullaivoyal Village, Ward No.28, within Avadi Municipal Corporation with property Assessment No.012/028/900543 Old Assessment No.012/76602, Ambattur Taluk, Thiruvallur District within S.R.O. Ambatur and Registration District of North Chennai, morefully described in the schedule to the petition.

For Petitioner : Mr.K.N.Nataraj 2/6

For Respondent -3 : Mr.Akhil Akbar Ali For Respondents 1,2,5,6and 7 : Mr A. Selvendran, (suo moto impleaded) Special Government Pleader

ORDER

This writ petition has been filed for a mandamus, directing the 2nd respondent to conduct an enquiry and to issue patta in favour of the petitioner in respect of the petition schedule property.

2. The Tahsildar, Avadi Taluk, Thiruvallur District, who the Special Government Pleader would state is the competent authority, is suo motu impleaded as 7th respondent in this writ petition and the Registry is directed to carry out the amendment. Earlier the Division Bench of this Court by its order dated 14.12.2010 in W.P.Nos.9157 to 9166 of 2009 had directed the respondents therein who are respondents herein to consider and pass orders on the petitioners' representations for grant of patta. Though 14 years have passed, to date the order of this Court has not been complied with.

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3. Therefore, the writ petition is allowed with a direction to the 7th respondent to consider and pass a speaking order on the petitioner's representation by 30.01.2025. The petitioner shall appear before the 7th respondent on 24.01.2025 at 11.30 am with necessary documents. Since this order has been pronounced in the presence of the learned Special Government Pleader and the learned counsel for the petitioner, the respondents shall not await for the issuance of the order copy. No costs.

4. Post the matter on 31.01.2025 "for reporting compliance". 23.01.2025 Index: Yes/No Speaking order/non-speaking order srn To,

1. The Secretary, State of Tamil Nadu Revenue Department, Fort St. George, Chennai - 600 009.

2. The District Collector, Thiruvallur District, 4/6

3. The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai 600 008.

4. The Commissioner Avadi City Municipal Corporation, Avadi.

5. The Chief Engineer, Public Works Department, Thiruvallur District, Thiruvallur

6. The Tahsildhar, Ambattur Taluk,

7. The Tahsildar, Avadi Taluk, Dheena Dayalan Nagar, Pattabiram, Thiruvallur District- 600054.

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P.T.ASHA, J., srn W.P.No. 1338 of 2025 23.01.2025 6/6