Madras High Court
K.Viswanathan vs The Special Tahsildar on 28 September, 2015
Author: M.M.Sundresh
Bench: M.M.Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.09.2015 CORAM THE HONOURABLE MR. JUSTICE M.M.SUNDRESH W.P.No.30359 of 2015 and M.P.No.1 of 2015 K.Viswanathan ... Petitioner -Vs- The Special Tahsildar, Urban Land Tax Scheme, Alandur, Chennai 600 016. ... Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondent to pass a considered order on the application given by the petitioner on 24.01.2012 and consequential relief by way of direction to issue a patta in favour of the petitioner namely K. Viswanathan pertaining to petition property situated at kancheepuram District, Alandur Taluk comprised in Survey No.178/62 bearing Old No.33/15, New No.33/17, 2nd Street, Parameswaran Nagar, Adambakkam, Chennai-88 measuring an extent of 1550 sq.ft. For Petitioner : Mr.T.Ramachandran For Respondent : Mr.Roofus Abraham, Government Advocate O R D E R
Seeking issuance of patta, the petitioner made a representation on 24.01.2012. It was sought for based upon a Will dated 17.03.2004 executed in favour of his mother, followed by a Settlement Deed dated 19.11.2007. By letter dated 25.01.2012, the petitioner was asked to wait. Thereafter, by letter dated 10.05.2012, the Tahsildar, Mambalam Guindy Taluk, has directed the petitioner to approach the respondent viz., the Tahsildar, Alandur, Kancheepuram District.
2.From the records, it is seen that a Will dated 17.03.2004 was executed in favour of the petitioner's sister, thereafter, she executed a Settlement Deed in favour of the petitioner on 19.11.2007. With the said document, the petitioner made a representation to the respondent on 24.01.2012. By letter dated 25.01.2012, the petitioner was informed that the application of the petitioner has been registered in the Special Register in Sl.No.550/2012 and as and when the field audit is made, his request would be considered. As more than three years elapsed since the date of application, the present Writ Petition has been filed.
3.Taking into consideration the pendency of the application dated 24.01.2012 with the respondent, as seen from the letter dated 25.01.2012, a direction is issued to the said authority to pass appropriate orders on the same within a period of eight weeks from the date of receipt of a copy of this order, after affording opportunity to the petitioner as well as to 3rd party.
4.The Writ Petition is disposed of accordingly. No costs.
Index : Yes/No 28.09.2015 Internet : Yes/No va To The Special Tahsildar, Urban Land Tax Scheme, Alandur, Chennai 600 016. M.M.SUNDRESH, J. va W.P.No.30359 of 2015 and M.P.No.1 of 2015 28.09.2015