Krishnaveni.R v. Zonal Deputy Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH & W.M.P No.4375 of 2025 Krishnaveni R W/o.P.Ramakrishnan ... Petitioner Vs.

Zonal Deputy Tahsildar, Chengalpattu (04) Taluk, Chengalpattu (35) District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus to call for the impugned records of rejection on the file of the respondent dated 30.12.2024 of Full Field Patta Transfer (Not involving sub-division) vide Can No.133021730009580 and application No.2024/0153/35/007644 dated 15.11.2024 and quash the same and consequently direct the respondent to re-consider the application in Can No. 133021730009580 and application No.2024/0153/35/007644 dated 15.11.2024 in order to grant full field patta transfer in the name of the petitioner in respect of all the pieces and parcel of land together with building at Block No.19, bearing Door No.4, Chairman Ekambaram Street, Vedachalam Nagar in S.F.No.1025, Old Pymash No.375/1 (Part), 376/1 (Part), 381 (Part) T.S.No.381/2A, R.S.No.34/2A measuring an extent of 7 cents (3013 sq.ft) situate at Chengalpattu Taluk.

For Petitioner : Mr.S.R.Raghunathan 1/4

For Respondent : Mr.M.R.Gokul Krishnan Additional Government Pleader *****

O R D E R

This writ petition has been filed challenging the OnLine rejection of the patta application submitted by the petitioner and for a consequential direction to the respondent to deal with the application and to grant patta in favour of the petitioner with respect to the subject property.

2. Heard Mr.S.R.Raghunathan, learned counsel for petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader appearing for respondent.

3. The OnLine rejection order has been passed by the respondent on the ground that there is a pending suit. However, it is seen that a partition suit was filed in O.S.No.11 of 2004 before the Sessions Judge, Mahila Court, Chengalpet. During the pendency of the suit, the parties have entered into a compromise and they allotted specific properties in favour of each of the parties. Based on the same, a compromise decree was passed on 25.04.2019. Pursuant to the same, the purchasers from the defendants 4 to 7 had applied for patta and they were 2/4

granted patta. However, when the application was submitted by the petitioner, the same has been rejected on the ground that a suit is pending.

4. In the considered view of this Court, the OnLine rejection order is a mechanical order passed by the respondent without any application of mind. There is no suit pending as on date and that apart, the parties to the suit viz., defendants 4 to 7 conveyed the property and the purchasers had applied for patta and they were issued with patta. Under such circumstances, there is no reason as to why the application submitted by the petitioner was rejected. In view of the same, the impugned OnLine rejection order is hereby quashed. There shall be a direction to the respondent to deal with the application submitted by the petitioner and shall take into consideration the patta that was issued to the purchasers from defendants 4 to 7 in the suit and appropriate orders shall be passed by issuing patta to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. 3/4

N.ANAND VENKATESH, J gm In the result, this writ petition is allowed with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

07.02.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To The Zonal Deputy Tahsildar Chengalpattu (04) Taluk Chengalpattu (35) District 4/4