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2025 Supreme(Online)(Mad) 74272

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M. SUNDAR
BABU.C – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.04.2025 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI W.P.Nos.13081 and 13085 of 2025 and W.M.P. No.14755 of 2025 in W.P.No.13081 of 2025 and W.M.P. No.14603 of 2025 in W.P.No.13085 of 2025 Babu C ... Petitioner in W.P.No.13081 of 2025 Pitchai Ammal ... Petitioner in W.P.No.13085 of 2025 Vs.

1.The District Collector, Chengalpattu, Chengalpattu District.

2.The Tahsildar, Pallavaram Taluk, Chengalpattu District. 3.The Commissioner, Tambaram Municipality, Tambaram, Chengalpattu – 600 045. ... Respondents in both WPs Prayer in W.P.No.13081 of 2025: Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus forbearing the respondents not to evict the petitioner from the said premises and further direct the second respondent to consider the petitioner's representation dated 05.03.2025 to issuance of patta in respect of property in Survey No.372/1 situated at Shop No.54, Railway Station Road, Pallavaram, Chengalpattu District.

Prayer in W.P.No.13085 of 2025: Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus forbearing the respondents not to evict the petitioner from the said premises and further direct the second respondent to consider the petitioner's representation dated 10.03.2025 to issuance of patta in respect of property in Survey No.372/1 situated at Shop No.32, Railway Station Road, Pallavaram, Chengalpattu District.

For Petitioner : Mr.N.Edwin Jayakumar in both WPs For Respondents : Mr.T.K.Saravanan, Additional Government Pleader in both WPs

COMMON ORDER

[Order of the Court was made by K.GOVINDARAJAN THILAKAVADI, J.,]

Captioned writ petitions are filed for the issuance of a writ of mandamus forbearing the respondents not to evict the petitioners from the subject premises and for a consequential direction to the second respondent to consider the petitioners' representations dated 05.03.2025 and 10.03.2025 respectively for issuance of patta in respect of property in Survey No.372/1 situated at Shop Nos.54 and 32 respectively at Railway Station Road, Pallavaram, Chengalpattu District.

2. It is the case of the writ petitioners that Shop Nos.54 and 32 were purchased by the respective petitioners and from the date of purchase, they are in possession and enjoyment of the same and they have also applied for patta. The petitioners had also sent representations dated 05.03.2025 and 10.03.2025 respectively for issuance of patta, to the first respondent, who, in turn forwarded the said representations to the second respondent for taking necessary action. However, no action has been taken by the respondents at their end. The petitioners are under threat of eviction from the subject premises and this has necessitated the writ petitioners to file the captioned writ petitions.

3. Issue notice to the respondents.

4. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for the respondents.

5. Owing to the limited scope of writ petitions, with the consent of both sides, the main writ petitions are taken up at the admission stage.

6. Learned Additional Government Pleader submits that in the earlier writ petition filed by one Mr.S.P.Gandhi in W.P.No.10863 of 2024, learned State Government Pleader undertook to survey the lands in Survey No.372 (which is sub-divided into Survey Nos.372/1, 372/2 and 372/3) within a period of four months from the date of order and survey was conducted in the said survey number within the said stipulated period. Said undertaking was recorded in paragraph 3 of the order dated 22.04.2024, which reads as follows:

'3. Learned State Government Pleader further submits that the lands in Survey No.372 would be surveyed within a period of four months from today and if upon survey encroachment is found, then steps to remove the encroachment in accordance with law would be undertaken after observing

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