High CourtsSingle Bench(2014) 11 MAD CK 0350

Sangeetha Visweswar vs The State of Tamilnadu

Madras High Court · Decided on 10 November 2014

HON’BLE JUDGES
V. Ramasubramanian, J
CASE NUMBER
Writ Petition No. 18500 of 2014 and MP. No. 1 of 2014

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Judgment

6 paragraphs · 430 words

V. Ramasubramanian, J.—A vast extent of land in Porur Village, Saidapet Taluk was sought to be acquired for the promotion of a neighborhood scheme by the Tamilnadu Housing Board under G.O.Ms.No. 412 Housing dated 9.5.1975. The acquisition was challenged in a writ petition in W.P.No. 8530 of 1986. The said writ petition was allowed by an order dated 4.10.1996 and the acquisition was quashed on the basis of an earlier order.

2.

The writ appeal filed by the Board was also dismissed by this Court. Thereafter, the lands were divided into house sites and without obtaining any approval, the original owner started selling the house sites to individuals. One of the individuals, who purchased one plot, filed a writ petition in W.P.No. 25486 of 2007, seeking a direction to the respondents therein to issue a no objection certificate. This writ petition was also allowed by this Court by an order dated 24.8.2007. Consequently, the Housing Board issued a no objection certificate in favour of that person by name Mrs. Shanthi Nirmala.

3.

Thereafter, the said person Mrs. Shanthi Nirmala executed a deed of settlement in favour of her daughter - the petitioner herein on 2.1.2013 and the settlement deed was registered in the office of the Sub-Registrar, Kundrathur. After the settlement, the petitioner approached the Revenue Authorities for the grant of patta. An enquiry was conducted by the Tahsildar and he submitted a report, recommending the grant of patta. However, no action was taken. Therefore, the petitioner has come up with the above writ petition seeking a direction to the respondents 3 to 6 to grant patta.

4.

Heard Mr. P. Ananda Kumar, learned counsel for the petitioner and Mr. R. Vijayakumar, learned Additional Government Pleader appearing for the respondents.

5.

The fact that the property was released from acquisition, by virtue of the orders of this Court, is borne out by the orders passed in W.P.Nos. 8530 of 1986 and 25486 of 2007. Thereafter, the petitioner''s mother was issued a no objection certificate. Further, the enquiry report of the Revenue Divisional Officer dated 10.2.2014 also shows that a recommendation has been made for the grant of patta.

6.

In view of the above, the writ petition is disposed of directing the respondents 3 to 6 to consider the representation of the petitioner, on the basis of the report of the Revenue Divisional Officer dated 10.2.2014 and pass appropriate orders thereon in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, the above MP is closed.