Madras High Court
R.Francis Ambrose vs The District Collector on 18 November, 2024
Author: P.T.Asha
Bench: P.T.Asha
WP.No.33413 of 2024
In the High Court of Judicature at Madras
Dated : 18.11.2024
Coram :
The Honourable Ms.Justice P.T.ASHA
Writ Petition No.33413 of 2024 &
WMP.No.36200 of 2024
R.Francis Ambrose ...Petitioner
Vs
1.The District Collector,
GST Road, Chengulpet-1.
2.The District Revenue Officer,
GST Road, Chengulpet-1.
3.The Revenue Divisional Officer -
Tambaram, Opposite to MEPZ,
West Tambaram, Chennai-45.
4.The Tahsildar - Pallavaram,
Kurinji Nagar, Ganapathypathypuram,
Chrompet, Chennai-44.
5.The Assistant Commissioner - Urban
Land Tax, 153, Karuneegar Street,
Paramesh Nagar, Adambakkam,
Chennai-88.
6.The Commissioner, Tambaram
Municipal City Corporation,
1, Muthuranga Mudali Street,
West Tambaram, Chennai-45.
7.The Member -Secretary,
Chennai Metropolitan
Development Authority,
Thalamuthu Natarajan Building,
Egmore, Chennai-8.
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8.The Commissioner of Land
Administration, II Floor,
Ezhilagam, Chepauk, Chennai-5.
9.The Director of Survey and
Settlement, Survey House,
Ezhilagam, Chepauk, Chennai-5.
10.The Principal Secretary, Housing
& Urban Development Department,
Government of Tamil Nadu,
Chennai-9.
11.The Principal Secretary, Revenue
& Disaster Management Department,
Government of Tamil Nadu, Chennai-9.
12.Diocese of Chengulpet Society,
rep.by its President Bishop
Anthonisamy Neethinathan ...Respondents
PETITION under Article 226 of The Constitution of India praying
for the issuance of a Writ of Mandamus directing the respondents 1 to
5, 8 and 9 to revoke the dubious patta issued to the 12th respondent
for two parcels of lands consisting of 1.98 + 1.24 acres at S.Nos.
498/2, 499/5A2A1 and 500/2 in Block No.10, Ward No.E, Zamin
Pallavaram Village, Pallavaram Taluk, Chengulpet District-600044 in
the name of Amala Annai Aalayam/Diocese of Chengulpet Society thus
taking appropriate actions based on the petitioner's representation
vide letter reference RFA:CAPAC:ICCC:609:2024-2025 dated
10.5.2024.
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Petitioner : Appearing in Person
For R1 to R6 &
R8 to R11 : Mr.P.Sathish, AGP
For R7 : Ms.K.Mageshwari,
Standing Counsel
ORDER
The long and short of the petitioner’s request in this writ petition
is for a Mandamus to respondents 1 to 5, 8 and 9 to consider his
representation dated 10.5.2024 to cancel the patta granted to the
12th respondent in respect of the property comprised in S.Nos. 498/2,
499/5A2A1 and 500/2 in Block No.10, Ward E, Zamin Pallavaram
Village, Pallavaram Taluk, Chengulpet District for an extent of 1.98 +
1.24 acres.
2. Heard the petitioner appearing in person, the learned
Additional Government Pleader accepting notice for respondents 1 to 6
and 8 to 11 and the learned Standing Counsel accepting notice for the
seventh respondent.
3. After going through the contents of the said representation
and the request of the petitioner that he is only seeking to consider his
representation, this Court does not propose to traverse through the
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facts of the case.
4. Suffice it to state that the petitioner’s request to cancel the
patta issued to the 12th respondent vide representation dated
10.5.2024 having not been considered till date, the writ petition is
allowed and the petitioner’s grievance is redressed by issuing a
Mandamus to the third respondent to consider the petitioner’s
representation and pass orders thereon. The third respondent shall
issue notice to the petitioner, who is appearing as party in person and
a personal hearing shall be given to him. Thereafter, the third
respondent shall pass a speaking order and the said exercise shall be
completed within a period of 12 weeks from the date of receipt of a
copy of this order. No costs. Consequently, the connected WMP is
closed.
18.11.2024
To
1.The District Collector,
GST Road, Chengulpet-1.
2.The District Revenue Officer,
GST Road, Chengulpet-1.
3.The Revenue Divisional Officer –
Tambaram, Opposite to MEPZ,
West Tambaram, Chennai-45.
4.The Tahsildar – Pallavaram,
Kurinji Nagar, Ganapathypathypuram,
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WP.No.33413 of 2024
Chrompet, Chennai-44.
5.The Assistant Commissioner – Urban
Land Tax, 153, Karuneegar Street,
Paramesh Nagar, Adambakkam,
Chennai-88.
6.The Commissioner, Tambaram
Municipal City Corporation,
1, Muthuranga Mudali Street,
West Tambaram, Chennai-45.
7.The Member -Secretary,
Chennai Metropolitan
Development Authority,
Thalamuthu Natarajan Building,
Egmore, Chennai-8.
8.The Commissioner of Land
Administration, II Floor,
Ezhilagam, Chepauk, Chennai-5.
9.The Director of Survey and
Settlement, Survey House,
Ezhilagam, Chepauk, Chennai-5.
10.The Principal Secretary, Housing
& Urban Development Department,
Government of Tamil Nadu,
Chennai-9.
11.The Principal Secretary, Revenue
& Disaster Management Department,
Government of Tamil Nadu, Chennai-9.
RS
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WP.No.33413 of 2024
P.T.ASHA,J
RS
WP.No.33413 of 2024&
WMP.No.36200 of 2024
18.11.2024
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