Mrs. P.Vimala Reddy v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No.3985 of 2022 Mrs.P.Vimala Reddy .. Petitioner

Versus

1. The Principal Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The Tahsildar, Aminjikarai Taluk, Aminjikarai, Chennai - 600 030.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to dispose of the petitioner's representation dated 19.01.2022 seeking for issuance of NOC for grant of corrected patta within a time frame.

For Petitioner : Mr.P.Subba Reddy For Respondents : Mr.G.Nanmaran Special Government Pleader

O R D E R

The present writ petition has been filed to direct the respondents to dispose of the petitioner's representation dated 19.01.2022 seeking for issuance of No Objection Certificate for grant of corrected patta within a reasonable period of time that may be fixed by this Court.

2.The case of the petitioner is that, originally the disputed property was owned by one P.Govinda Rao, who purchased the property from Desu kannamal W/o of Desu Sampath Chetty in the

year 1951. Thereafter, the petitioner purchased the property from the legal heirs of the said P.Govinda Rao of an extent of 3950 sq.ft and the patta was also issued to that effect. However, the original owner owned the property of an extent of 7200 sq. ft., certain extent was deleted in the earlier sale deed, which was also reflected in the patta. Hence, the petitioner made a representation to the 2nd respondent to rectify the patta. The 2nd respondent did not take any action. Therefore, the petitioner made a representation to the 1st respondent, but till date, no action was taken. Hence, the petitioner has filed the present writ petition for the relief stated supra.

3. The learned counsel for the petitioner submitted that it would suffice if this Court issue direction to the respondents to consider the petitioner's representation dated 19.01.2022 within the stipulated time that may be fixed by this Court.

4. Considering the facts and circumstances of the case and the said P.Govinda Rao had purchased the property from one Desu kannamal in the year 1951 and subsequently, the legal heir of said P.Govinda Rao executed a sale deed in favour of the petitioner to an extend of 3950 sq.ft however, the grievance of the petitioner is that the petitioner is entitled for 7200 sq.ft purchased by him. In the absence of any proof for entitlement of the petitioner for the said disputed property, the prayer sought for cannot be granted. However, liberty granted to the petitioner workout the remedy in the manner known to law. 4.With the abovesaid observations, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar nti/Anu To

1. The Principal Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The Tahsildar, Aminjikarai Taluk, Aminjikarai, Chennai - 600 030.

+1cc to Mr.P.Subba Reddy, Advocate SR.No.12711 +1cc to the Government Pleader, SR.No.13403 W.P. No.3985 of 2022 JP-II(CO) CB(25/03/2022)