S.Ravi v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2018
CORAM
THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.27978 of 2018 S.Ravi ..Petitioner Vs
1. The Tahsildar, Tambaram, Chennai-600 045.
2. The Revenue Divisional Officer, Tambaram, Chennai-600 045.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the first respondent to issue patta in respect of lands comprised in S.No.190/4A9 in Perungalathur Village, Tambaram Taluk, Kancheepuram District measuring an extent of 4800 sq.ft to the petitioner and to pass appropriate orders thereon within such time as stipulated by this Hon'ble Court. For Petitioner : Mrs.S.Shalini For Respondents: Mr.V.Shanmuga Sundar Special Government Pleader
ORDER
Mr.V.Shanmuga Sundar, learned Special Government Pleader takes notice for the respondents. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner has come up with this writ petition seeking a direction to the first respondent to issue patta in respect of land comprised in S.No.190/4A9 at Perungalathur Village, Tambaram Taluk, Kancheepuram District measuring to an extent of 4800 sq.ft.
3. According to the learned counsel for the petitioner, the petitioner purchased the aforesaid land from one G.Jayakumar through his power agent K.Radhakrishnan, vide Doc.No.97/2007, dated 04.01.2007. The petitioner came to know that the subject lands were acquired by the Government of Tamil Nadu under the provisions of Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 from the original owner one V.K.Pattu Naicker. Hence, the petitioner filed a petition under the Regularization of lands under Innocent Buyer's scheme and the same was regularised as per G.O.Ms.No.126, dated 04.04.2018 upon collection of two times of land value of Rs.2,23,000/-, which was remitted in the Government Account. Thereafter, the first respondent submitted a report to the second respondent in Na.Ka.2000/2018/Aa1, dated nil.7.
2018, recommended for issuance of patta to the petitioner in respect of the subject lands. While so, the second respondent by his proceedings in Na.Ka.No.795/2018/Aa, dated 28.08.2018, directed the first respondent to issue patta to the petitioner in respect of the subject lands. Since no order was forthcoming, the petitioner is before this Court.
4. The learned Special Government Pleader appearing for the respondents submitted that the petitioner's claim would be considered by the first respondent on merits and in accordance with law.
5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the first respondent to consider the claim of the petitioner and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as any other interested parties, within a period of six weeks from the date of receipt of a copy of this order.
6. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar ms
To
1. The Tahsildar, Tambaram, Chennai-600 045.
2. The Revenue Divisional Officer, Tambaram, Chennai-600 045.
+1 CC to Govt. Pleader sr 73011.
+3 Ccs to M/s.S. Shalini, Advocate sr 72377.
W.P.No.27978 of 2018 KAN(CO) SP(29/10/2018)