S.Balan v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2018
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.33264 of 2018 S.Balan .. Petitioner Vs.
1. The District Collector, District Collectorate, Singaravelar Maligai, Rajaji Salai, Chennai - 600 001.
2. The District Collector, Master Plan Complex, Thiruvallur, Thiruvallur District - 602 001.
3. The Revenue Divisional Officer, Tondiarpet Revenue Division, T.H.Road, Tondairpet, Chennai - 600 081.
4. The Revenue Divisional Officer, Ambattur Revenue Division, 5-73, SH112, Gandhi Nagar, Anna Nagar West Extension, Chennai - 600 040.
.. Respondents PRAYER: The Writ Petition has been filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 3rd respondent to complete the proceedings in Na.Ka.No.2122/2017/A5 pending on the file of the 3rd respondent within a specific time that may be fixed by this Court. For Petitioner : Mr.K.B.Vivekanandhan For Respondents : Mr.E.Balamurugan Special Government Pleader
O R D E R
The present Writ Petition has been filed for issuance of a Writ of Mandamus to direct the 3rd respondent to complete the proceedings in Na.Ka.No.2122/2017/A5 pending on the file of the 3rd respondent within a specific time that may be fixed by this Court.
2. The learned counsel appearing for the petitioner submitted that the petitioner purchased the land in S.No.49 (Old S.No.41/3A1) to an extent of 99. sq.ft at No.45, Kathivakkam Village, Thiruvottiyur District in S.R.No.3148/15, Patta No.1669, from one Zubaide Begum, w/o.Paavasa Marikair, by a registered sale deed in Doc.No.462 of 2003 on the file of the Sub-Registrar, Thiruvottiyur. He further submitted that during the year 2015, the Special Tahsildar, Kathivakkam, had issued a patta in favour of the petitioner by wrongly mentioning the extent of area as 72.05 sq.mt (775.25 sq.ft) instead of 91.98 sq.mt (990 sq.ft) without measuring the field and verifying the material documents. Challenging the same, the petitioner made representations before the respondents, but, the same are yet to be disposed of by the respondents.
3. Heard the learned counsel appearing on both sides.
4. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of representations, directs the 3rd respondent/Revenue Divisional Officer, Tondiarpet Revenue Division, to complete the appeal proceedings in Na.Ka.No.2122/2017/A5 within a period of four (4) weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar asi
To
1. The District Collector, District Collectorate, Singaravelar Maligai, Rajaji Salai, Chennai - 600 001.
2. The District Collector, Master Plan Complex, Thiruvallur, Thiruvallur District - 602 001.
3. The Revenue Divisional Officer, Tondiarpet Revenue Division, T.H.Road, Tondairpet, Chennai - 600 081.
4. The Revenue Divisional Officer, Ambattur Revenue Division, 5-73, SH112, Gandhi Nagar, Anna Nagar West Extension, Chennai - 600 040.
+1cc to Government Pleader SR.No.88935 W.P.No.33264 of 2018 RGN(CO) GMY(28/01/2019)