S.G.Sudnarrajan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.S.G.Sundarrajan 2.S.G.Dhanalakshmi 3.S.G.Devibala .. Petitioners (in W.P.No.4977 of 2025) L.Premavathy .. Petitioner (in W.P.No.4979 of 2025) 1.P.V.Kanchana 2.S.Vinothkumar 3.Sujatha Sathishkumar .. Petitioners (in W.P.No.4982 of 2025) Vs.
1.The District Collector, Chennai District, Chennai.
2.The Tahsildar, Maduravoyal Taluk, Chennai - 600 037.
3.The Assistant Commissioner Urban Land Tax, Kunrathur, 1/6
153, Karuneegar Road, Adambakkam, Chennai - 600 088.
.. Respondents (in all cases) Prayer in W.P.No.4977 of 2025: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus calling for the records of the 2nd respondent impugned order dated 26.12.2024 in Procs.No.B1/1947/2024 and quash the same consequently directing the 2nd respondent to issue patta to the petitioners land situated at Plot No.20, Venkateshwara Avenue, Sabari Nagar, Porur, Chennai - 600 116 comprised in S.No.51/2 in an extent of 5.46 cents in Porur Village, Maduravoyal Taluk, now Chennai District without requiring NOC from the 3rd respondent.
Prayer in W.P.No.4979 of 2025: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus calling for the records of the 2nd respondent impugned order dated 24.12.2024 in Procs.No.B1/1947/2024 and quash the same consequently directing the 2nd respondent to issue patta to the petitioner land situated at Plot No.19, Venkateshwara Avenue, Sabari Nagar, Porur, Chennai - 600 116 comprised in S.No.51/2 in an extent of 2412 Sq.Ft in Porur Village, Maduravoyal Taluk, now Chennai District-600 116.
Prayer in W.P.No.4982 of 2025: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus calling for the records of the 2nd respondent impugned order 2/6
dated 26.12.2024 in Procs.No.B1/1947/2024 and quash the same consequently directing the 2nd respondent to issue joint patta to the petitioners land situated at Plot No.16, Venkateshwara Avenue, Sabari Nagar, Porur, Chennai - 600 116 comprised in Survey No.51/2, measuring an extent of 2,312.5 sq.ft situated in Porur Village, then Saidapet Taluk, now Chennai District - 600 037. (In all cases):
For petitioner(s) :
Mr.J.Saravana Vel For Respondents :
Mr.A.Selvendran Special Government Pleader C O M M O N O R D E R These writ petitions have been filed challenging the impugned proceedings dated 26.12.2024, 24.12.2024 & 26.12.2024 of the 2nd respondent and for a consequential direction to the 2nd respondent to issue patta to the petitioners with respect to the subject property. 2.When the matter was taken up for hearing on 14.02.2025, this Court passed the following order:
"Mr.A.Selvendran, learned Special Government Pleader, takes notice on behalf of respondents.
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2.Learned counsel for petitioners submitted that insofar as plot owners of Plot Nos.15 and 18 are concerned, they approached this Court earlier and based on the order passed by this Court, patta has been granted in their favour. The petitioners, who are similarly placed and who are claiming ownership over plot Nos.20, 19 and 16 respectively have been denied patta. Hence, it was contended that there is arbitrariness on the part of the second respondent in refusing patta through the impugned proceedings dated 24.12.2024/26.12.2024. Learned counsel also brought to the notice of this Court that the writ petition that was filed earlier challenging the earlier order directing the petitioners to get the No Objection Certificate from the Assistant Commissioner of Urban Land Ceiling was quashed by this Court and an appeal has been filed and the same is pending. Even during the pendency of this appeal, when the patta has been issued insofar as Plot Nos.15 and 18 are concerned, there is no reason as to why it should be denied to the petitioners.
3.Learned Additional Government Pleader shall take specific instructions in this regard. Post these writ petitions under the caption 'for orders' on 11.03.2025."
3.Pursuant to the above order, the matter was listed for hearing today. The learned Additional Government Pleader on instructions submitted that patta was granted in favour of the persons who are the owners of the Plot Nos.15 & 18 and that the petitioners are also similarly placed. The learned Additional Government Pleader submitted that patta 4/6
was granted before the filing of the writ appeal and now since writ appeal has been filed and since it is at the SR stage, the patta was not granted in favour of the petitioners.
4.In the light of the above stand taken by the respondents, this Court is of the view that the petitioners will have to be treated on par with those plot owners for whom the patta was granted for Plot Nos.15 &
18. Therefore, the patta must be granted in the names of the petitioners also and if in case any writ appeal is filed, it can be made clear that it is subject to the result in the writ appeal. This process shall be completed by the 2nd respondent within a period of eight (8) weeks from the date of receipt of a copy of this order.
5.In the result, these Writ Petitions are allowed with the above directions. No costs.
11.03.2025 (3/3) krk Index : Yes / No Internet : Yes / No 5/6
: Yes / No N.ANAND VENKATESH, J.
krk To 1.The District Collector, Chennai District, Chennai.
2.The Tahsildar, Maduravoyal Taluk, Chennai - 600 037.
3.The Assistant Commissioner Urban Land Tax, Kunrathur, 153, Karuneegar Road, Adambakkam, Chennai - 600 088.
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