Viju Koshy Zachariah v. Tahsildhar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Viju Kozhy Zachariah ... petitioner Vs
1. The Tahsildar Aminjikarai Taluk Shenoy Nagar Chennai-600 030.
2. The Tamil Nadu Housing Board (TNHB) CMDA Complex, E&C Market Road Koyambedu, Chennai-600 107.
3. The Executive Engineer & Administrative Officer The Tamil Nadu Housing Board (TNHB) Anna Nagar Division Office Thirumangalam Office cum Shopping Complex Anna Nagar, Chennai-600 101.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the 1st respondent to change the Town Survey Land Register (TSLR) records in the name of the 2nd respondent for the all piece of land together with the superstructure upto full basement of 2164 sq.ft of an approved plan No.791/89 dated 14.02.1989 of MMDA and No.778/89 of the Corporation of Madras situated in the sanction plan of West Madras 1/6
neighbourhood scheme, Plot No.876 at Aringnar Anna Nagar (S.No.221, part Koyambedu comes under Thirumangalam Village) and measuring 2 grounds 0810 square feet thereby consequently, enabling the petitioner to obtain patta in his favour and any consequent orders. For Petitioner :
Mr.Thomas T.Jacob For Respondents :
Mr.P.Sathish Additional Government Pleader for R1 Mr.A.M.Ravindranath Jeyapal Standing Counsel for R2 & R3 *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to change the Town Survey Land Register (TSLR) in the name of the second respondent namely, Tamil Nadu Housing Board.
2. Heard Mr.Thomas T.Jacob, learned counsel for the petitioner, Mr.P.Sathish, learned Additional Government Pleader for R1 and Mr.A.M.Ravindranath Jeyapal, learned standing counsel for R2 and R3.
3. The case of the petitioner is that he has purchased the subject property by virtue of a registered sale deed dated 07.07.1989. Thereafter, the petitioner approached the first respondent seeking for grant of patta. The first respondent gave a reply to the effect that the schedule mentioned 2/6
property is classified as 'Government Circar Poromboke Land' and hence, directed the petitioner to obtain necessary orders and the 'No Objection Certificate' from the Tamil Nadu Housing Board in order to process the application submitted by the petitioner.
4. The petitioner, thereafter, made a representation on 08.03.2022 to the third respondent [Executive Engineer & Administrative Officer, Tamil Nadu Housing Board] requesting for the 'No Objection Certificate' to proceed further with the process of obtaining patta. The third respondent through communication dated 22.04.2022 requested the first respondent to change the TSLR in the name of the second respondent [Tamil Nadu Housing Board]. Only if this process is undertaken, the petitioner will be able to get the patta in his name with respect to the subject property. Since none of the representations evoked any response, the present writ petition has been filed before this Court.
5. It is seen from the records that the third respondent has already made a request on 22.04.2022 to transfer the TSLR records in the name of the second respondent. This has not been acted upon by the first respondent and as a result, the property continues to be identified as 'Government Circar Poromboke Land' in the revenue records. There is no dispute with regard to the fact that the property originally belonged to the 3/6
second respondent after acquisition and therefore, there will be no difficulty for the first respondent to transfer the TSLR in the name of the second respondent.
6. In view of the above discussion, there shall be a direction to the first respondent to act upon the communication dated 22.04.2022 made by the third respondent and to transfer the TSLR records in the name of the second respondent with respect to the S.No.221/1 part, Town Survey No.2. This process shall be completed by the first respondent within a period of six (6) weeks from the date of receipt of a copy of this order. After this process is completed, it is left open to the petitioner to submit a fresh application before the first respondent and seek patta. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
28.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order mk 4/6
To 1.
The Tahsildar Aminjikarai Taluk Shenoy Nagar Chennai-600 030.
2. The Tamil Nadu Housing Board (TNHB) CMDA Complex, E&C Market Road Koyambedu, Chennai-600 107.
3. The Executive Engineer & Administrative Officer The Tamil Nadu Housing Board (TNHB) Anna Nagar Division Office Thirumangalam Office cum Shopping Complex Anna Nagar, Chennai-600 101.
5/6
N.ANAND VENKATESH, J mk 28.03.2025 6/6