2023 Supreme(Mad) 200
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, J.
N. Sivakumar - Petitioner
Versus
The Sub Registrar, District Registrar office 27/14 Veterinary Hospital Road Nandanam Chennai 600035 and Ors. - Respondents
Writ Petition No.1257 of 2023
Decided On : 20-01-2023
For the Petitioner: Mr. Duraikkan S. Philip.
For the Respondents: Mr. Yogesh Kannadasan.
Headnote:
Constitution of India, 1949 – Article, 226 – Writ of Mandamus – Power of High Court to issue Certain Writs – Prayer sought for Writ of Mandamus directing the respondents consider petitioners representation for issuing Patta in his name in respect of his house property bearing – Held, Court have heard learned Government Pleader who on instructions would submit that application through online already has been made to 4th respondent for issuance of patta and in this regard fresh copy Register is required from Collector Office for which request has already been made by Tahsildar through his communication – Learned Government Pleader this Court is inclined to dispose of this writ petition with following order – writ petition is disposed of.
ORDER :
[Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 3 to 5 to consider the petitioners representation dated 03.01.2023 for issuing Patta in his name in respect of his house property bearing New No. 12 Old No. 27 (Earlier No. 10-A) Ramachandra street Thiagaraya Nagar Chennai 600 017 in the Corproation Zone No. 08/Division No. 126 and comprised in O.S. No. 21 TS. No. 5262 of T. Nagar Village the land measuring East to West on the Northern and Southern sides 51 feet and 50 feet 6 inches respectively and North to South on the Eastern and Western sides 74 feet and 71 feet respectively together with the path on the Eastern side of the property bearing No. 10 Ramachandra street leading to the house at D. No.10-A running a length of 88 feet with width of 9 feet 6 inches and in all admeasuring 1 (one) ground and 2090 sq.feet within the Sub Registration District of SRO, Thiyagaraya Nagar and Registration District of South Chennai.]
1. The prayer sought for herein is for a Writ of Mandamus directing the respondents 3 to 5 to consider the petitioners representation dated 03.01.2023 for issuing Patta in his name in respect of his house property bearing New No. 12 Old No. 27 (Earlier No. 10-A) Ramachandra street Thiagaraya Nagar Chennai 600 017 in the Corproation Zone No. 08/Division No. 126 and comprised in O.S. No. 21 TS. No. 5262 of T. Nagar Village the land measuring East to West on the Northern and Southern sides 51 feet and 50 feet 6 inches respectively and North to South on the Eastern and Western sides 74 feet and 71 feet respectively together with the path on the Eastern side of the property bearing No. 10 Ramachandra street leading to the house at D. No.10-A running a length of 88 feet with width of 9 feet 6 inches and in all admeasuring 1 (one) ground and 2090 sq.feet within the Sub Registration District of SRO, Thiyagaraya Nagar and Registration District of South Chennai.
2. Though larger prayer has been sought for by the petitioner to consider the representation dated 03.01.2023, the learned counsel for the petitioner would submit that, the document presented before the 1st respondent for registration since was not considered for want of production of Patta copy, it became necessitated for the petitioner to make an application to the 4th respondent Tahsildar to get patta and application to that effect has been made through online on 29.09.2022 and physical application on 28.10.2022. Therefore, if such application is considered by the Tahsildar and needful is undertaken by him within a time frame that may be stipulated by this Court, the petitioner would be satisfied, he contended.
3. In this context, the learned counsel for the petitioner would further submit that, the Tahsildar has written a letter on 16.11.2022 after receipt of the application from the petitioner, to the District Collector/3rd respondent stating that, since a fresh copy of the 'A' Register is required, as the earlier one available in the Tahsildar Office is mutilated to a greater extent, the Collector Office also may be alerted to comply with the request of the Thasildar so that the application may be taken up and decided within a time frame that may be stipulated by this Court, he contended.
4. I have heard the learned Government Pleader who on instructions would submit that, if at all an application through online already has been made to the 4th respondent for issuance of patta and in this regard, a fresh copy of the 'A' Register is required from the Collector Office, for which request has already been made by the Tahsildar through his communication dated 16.11.2022, the same would be looked into and the needful would be undertaken by the 3rd respondent within a reasonable time and on receipt of the same, let the 4th respondent consider the application of the petitioner for issuance of patta and for all these actions a reasonable time frame may be fixed by this C