Disposed

N.Sivakumar v. The Sub Registrar

Madras HC20 Jan 2023WP/1257/2023

Case brief

AI extract

What is this about?

In a writ petition filed under Article 226 of the Constitution of India, the High Court directed the District Collector to provide a fresh copy of the 'A' Register within four weeks, and the Tahsildar to process the petitioners application for patta issuance within two weeks thereafter.

What did the court decide?

Direction to the District Collector to send a fresh copy of the 'A' Register within four weeks, and direction to the Tahsildar to process the patta application within two weeks.

N.Sivakumar Vs The Sub Registrar — Landlord and Tenant | Madras HC (2023)

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W.P.No.1257 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.01.2023

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CORAM :

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THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

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Writ Petition No.1257 of 2023

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N.Sivakumar …. Petitioner -Vs1 The Sub Registrar District Registrar office 27/14 Veterinary Hospital Road Nandanam Chennai 600 035 2 The District Registrar Administration Registrar Office, Pernpet Nandanam chennai 600 035 3 The District Collector Singaravelai Maligai Chennai 600 001 4 The Tahsildar Guindy Chennai 600 032 5 The Revenue Divisional officer South Zone, Chennai. …. Respondents

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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.

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https://www.mhc.tn.gov.in/judis

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W.P.No.1257 of 2023

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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.

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For Petitioner : Mr.Duraikkan S.Philip For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

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O R D E R

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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

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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

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https://www.mhc.tn.gov.in/judis

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W.P.No.1257 of 2023

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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.

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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.

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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

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may be alerted to comply with the request of the Thasildar so that the

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https://www.mhc.tn.gov.in/judis

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W.P.No.1257 of 2023

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application may be taken up and decided within a time frame that may be stipulated by this Court, he contended.

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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 4^th 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 3^rd respondent within a reasonable time and on receipt of the same, let the the 4^th 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 Court, the learned Government Pleader contended.

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Having regard to the said submissions made by the learned Government Pleader, this Court is inclined to dispose of this writ petition with the following order.

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That there shall be a direction to the 3^rd respondent District Collector to act upon on the communication of the 4^th respondent Tahsildar dated 16.11.2022 and send a fresh copy of the 'A' Register enabling the 4^th respondent to act upon, within a period

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https://www.mhc.tn.gov.in/judis

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W.P.No.1257 of 2023

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●

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of four weeks from the date of receipt of a copy of this order.

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On receipt of the same, the 4^th respondent shall immediately process the application submitted by the petitioner dated 29.09.2022 through online and on 28.10.2022 physically, and pass necessary orders to that effect regarding issuance of patta to the petitioner if he is otherwise eligible to get such patta, within a period of two weeks thereafter.

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With the above directions, this writ petition is disposed of. No costs.

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20.01.2023

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Index : Yes/No Neutral Citation : Yes/No Speaking Order / Non-speaking order KST Note : Issue order copy on 23.01.2023

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https://www.mhc.tn.gov.in/judis

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W.P.No.1257 of 2023

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1 The Sub Registrar District Registrar office 27/14 Veterinary Hospital Road Nandanam Chennai 600 035

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2 The District Registrar Administration Registrar Office, Pernpet Nandanam chennai 600 035

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3 The District Collector Singaravelai Maligai Chennai 600 001

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4 The Tahsildar Guindy Chennai 600 032

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5 The Revenue Divisional officer South Zone, Chennai.

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https://www.mhc.tn.gov.in/judis

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W.P.No.1257 of 2023

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R. SURESH KUMAR, J.

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KST

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W.P.No. 1257 of 2023

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20.01.2023

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https://www.mhc.tn.gov.in/judis

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N.Sivakumar v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

N.Sivakumar v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

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