K. DEVENDIRAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) By consent, both these Writ Petitions are taken up and are disposed of by this common order, as the facts pleaded, and issues to be adjudicated are intertwined. The petitioner claims to be the owner of the premises bearing Door No.4, Sri Nageshwari Amman Nagar, 3rd Street, Pallikaranai, Chennai 600 100 and the constructed area / plinth area of the superstructure is about 2000 sq.ft consist of Ground + First Floor and it is situated on the land bearing S.F.No.70 of Pallikaranai Village.

(2.) The learned counsel appearing for the petitioner would submit that the wife of the petitioner was granted assignment of land measuring about 1000 sq.ft in S.F.No.70/12, Block No.12 of Palliakaranai Village, vide proceedings of the Collector of Kancheepuram in Na.Ka.NO.22994 of 2013 dated 17.07.20... and the Tahsildar, Sholinganallur, dated 30.08.2013, in Na.Ka.No.10795 of 2012 Aa.1 and he would further submit that though the land was assigned in favour of the wife of the petitioner, Patta was not at all issued and in this regard, apart from persons similarly placed had submitted representations through Association, the petitioner has also submitted his individual representation dated 11.11.2019, to the 1st respondent and no orders have been passed and in the interregnum, the 3rd respondent in W.P.No.18760 of 2020 / 4th respondent in W.P.No.1135/2021, has initiated action by issuing notice under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 ('the TCP Act') and challenging the said notice, the petitioner has submitted an appeal / Special Revision dated 18.12.2020, before the 1st respondent and though some time was granted to obtain Patta, no steps have been taken to issue Patta in his favour, and without taking note of the same, the 1st respondent has erroneously rejected the said Special Revision / Appeal, vide impugned order dated 29.12.2020 and hence he prays for appropriate orders, by directing the Collector of Chennai District to consider and dispose of his representation dated 11.11.2019 and till such time prayed for deferment of further proceedings in terms of the order of the 1st respondent in W.P.No.1135 of 2021, dated 29.12.2020.

(3.) Ms.Srijayanthi, learned Special Government Pleader appearing for the 1st respondent in these Writ Petitions would submit that admittedly though enough indulgence has been shown to the petitioner to get pattas in respect of the land in question, he is unable to do so and admittedly, the superstructure is having a plinth area of 2000 sq.ft in the form of Ground + First floor, and this came into being without obtaining any planning permission and despite indulgence having been shown by the 1st respondent to obtain patta, which has also been reflected in the impugned order, the petitioner did not do so and therefore, the said Revision / Appeal came to be rejected rightly and hence prays for dismissal of this Writ Petition.