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Madras High CourtWP/2234/2025allowed

Shafia Husain v. The District Collector

2025-01-30Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

1. Shafia Husain

2. Athiya Husain

3. Sameena Husain

4. Bushra Husain

5. Bilal Husain

...Petitioners

Vs

1. The District Collector, District Collectorate, Ma.Singaravelar Maligai Rajaji Salai, Chennai 600 001.

2. The Tahsildar, Taluk Office, Egmore, Chennai 600 008

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st and 2nd respondents to consider the perfect and lawful title of the property measuring an extent of 10,363 Square feet (4 Grounds and 763 Square feet) in Plot No.6 bearing old No.46 New No. 6, Nowroji 1/6

Road, Chetpet, Chennai- 600 031 comprised in RS. No.376/2 and 376/17 and present R.S. No.376/41 and 376/42 in favour of the petitioners by virtue of the rightful in view of the petitioners' Representation / Explanation dated 04.11.2024 and issue patta in the name of the petitioners by carrying out transfer of owners name in patta and upload the correct entry on-line. For Petitioners :M/s.Karthikaa Ashok For Respondents 1 & 2 :Mr.A.Selvendran Additional Government Pleader

ORDER

The Writ Petition is filed for the following relief: "To issue a Writ of Mandamus directing the 1st and 2nd respondents to consider the perfect and lawful title of the property measuring an extent of 10,363 Square feet (4 Grounds and 763 Square feet) in Plot No.6 bearing old No.46 New No. 6, Nowroji Road, Chetpet, Chennai- 600 031 comprised in RS. No.376/2 and 376/17 and present R.S. No.376/41 and 376/42 in favour of the petitioners by virtue of the rightful in view of the petitioners' representation / Explanation dated 04.11.2024 and issue patta in the name of the petitioners by carrying out transfer of 2/6

owners name in patta and upload the correct entry on-line.

2. It is the case of the plaintiffs that originally, the property measuring 10,363 square feet (4 Grounds and 763 Square Feet) in Plot No.6, bearing Old No.46, New No.6, Nowroji Road, Chetpet, Chennai 600 031, comprised in R.S.No.376/2 and 376/1 and present R.S.No.376/41 and 376/42 belonged to Abida Husain and S.B.Husain who purchased it from Paramount Enterprises. The said Abida Husain and S.B.Husain had settled their respective shares in favour of the petitioners under Settlement Deed dated 29.08.2005 vide Document No.2184 of 2005 and Settlement Deed dated 08.08.2005 vide Document No.1929 of 2005 registered at Sub Registrar Office, Periamet. From the date of purchase, the petitioners have been in absolute possession and enjoyment of the property. Despite submitting a representation dated 02.07.2024 to consider their application dated 12.06.2024 to the respondents seeking issuance of patta along with all necessary documents including the Encumbrance Certificate and 3/6

Settlement Deeds, no action was taken. Therefore, the petitioners had filed W.P.No.23709 of 2024 before this Court seeking a direction to issue patta in their favour and this Court, on 20.08.2024, had directed the 2nd respondent consider their application within a period of six weeks from the date of receipt of a copy of that order. However, the 2nd respondent has refused to consider their representation. The petitioners once again sent a representation/Explanation dated 04.11.2025 to the 2nd respondent, which has not been considered to date. Hence, the petitioners are before this Court.

3. Heard the learned counsels and perused the materials available on record.

4. Considering the above facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the respondents to consider the representation/explanation of the petitioners dated 04.11.2024 and pass a speaking order within a period 4/6

of 12 weeks from the date of receipt of a copy of this order. No costs. 30.01.2025 Index: Yes/No Speaking order/non-speaking order srn To,

1. The District Collector, District Collectorate, Ma.Singaravelar Maligai Rajaji Salai, Chennai 600 001.

2. The Tahsildar, Taluk Office, Egmore, Chennai 600 008 5/6

P.T.ASHA, J., srn 30.01.2025 6/6