A writ petition seeking issuance of a writ of mandamus to grant patta without a No Objection Certificate. The Court stayed the prayer and directed the Tahsildar to consider the application and pass orders on merits within eight weeks.
Direction to the first respondent to consider the application dated 21.12.2022 and pass necessary orders on merits within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.966 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :12.01.2023
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
Writ Petition No.966 of 2023
Represented by their Power of Attroney Mr.B.Raghavendhra
... Petitioners
-Vs-
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to grant patta in the name of the petitioners with respect to their property comprised in Survey 174/2 part Paimash No.402 to 416 bearing plot no.70, forming part of DTCP approved layout No.163/74 measuring 306/2400 sq.ft undivided share of land together with Flat No.D in first floor measuring 510 sq.ft Madipakkam Village,
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Sholinganallur Taluk, Kancheepuram District without insisting on a No Objection Certificate from the 2nd respondent in accordance with the judgment of this Court in W.P.Nos.2856 to 2859 of 2014 as confirmed by the judgment in W.A.Nos.975 to 978 of 2015.
For Petitioner : Mr.Kaushik N.Sharma For Respondents : Mr.P.Sathish Additional Government Pleader
ORDER
The prayer sought for herein is for a writ of mandamus directing
the 1st respondent to grant patta in the name of the petitioners with respect to their property comprised in Survey 174/2 part Paimash No.402 to 416 bearing plot no.70, forming part of DTCP approved layout No.163/74 measuring 306/2400 sq.ft undivided share of land together with Flat No.D in first floor measuring 510 sq.ft Madipakkam Village, Sholinganallur Taluk, Kancheepuram District without insisting on a No Objection Certificate from the 2nd respondent in accordance with the judgment of this Court in W.P.Nos.2856 to 2859 of 2014 as confirmed by the judgment in W.A.Nos.975 to 978 of 2015.
by them at Flat No.D in first floor measuring 510 sq.ft at Madipakkam Village, Sholinganallur Taluk, Kancheepuram District, they have given 2/5
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an application on 21.12.2022 to the first respondent and in order to
consider the same, the petitioners have moved the present writ petition.
respondents would submit that, since the petitioner has made an application only on 21.12.2022, not even one month period is over, however the petitioner has filed this writ petition. Therefore, atleast a breathing time must be given to the first respondent to consider the application of the petitioners and to decide the same on merits, which would be considered in accordance with law within a time frame reasonably to be fixed by this Court, he contended.
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is inclined to dispose of this writ petition with the following order:
That there shall be a direction to the first respondent to
consider the application of the petitioner dated 21.12.2022 and pass necessary orders thereon on merits and in accordance with law within a period of eight(8) weeks from the date of receipt of a copy of this order.
With this direction, this writ petition is disposed of. No costs.
12.01.2023
Index : Yes/No Speaking order: Yes/No Neutral Citation:Yes/No
mp To
Chepauk, Chennai – 600 005.
R. SURESH KUMAR, J.
mp
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Writ Petition No.966 of 2023
12.01.2023
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2 issues framed by the court
Whether to grant patta without No Objection Certificate and dispose of the writ petition pending consideration of the application.
Whether to provide breathing time to the first respondent to consider the application before deciding on merits.
Mr. L. Seshamani
Mr. S. Prashanath
The Tahsildar, Sholinganallur Taluk
The Commissioner, Commissionerate of Urban Land Ceiling and Urban Land Tax Department
R. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
R. SURESH KUMAR
Parties & counsel
