P.T.Pramila v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. P.T.Pramila W/o Thirugnanasambandam No.15/z-2 2nd Street Shanthi Nagar Perambur Chennai 600011 Petitioner(s) Vs

1. The Tahsildar Perambur Taluk Office Chennai 600039 2.R.Abaranji W/o Late S.K.Rajarathinam No.38 Arthoon Road Royapuram Chennai 600013 3.R.Nirmala D/o Late S.K.Rajarathinam No.38 Arthoon Road Royapuram Chennai 600013 4.R.Kannan S/o Late S.K.Rajarathinam No.38 Arthoon Road Royapuram Chennai

600013 5.S.Rajendran S/or.Subramani No.28/6 Thulasingam Street Perambur Chennai 600011 Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for issuance of writ of Certiorarified Mandamus to call for the records relating to the order of the 1st respondent dated 16.10.2024 bearing Na.Ka.No.Aa1/2655/2024 and to quash the same as illegal and consequently direct the 1 st respondent to issue a patta in favour of the petitioner for the property consisting the land with building measuring 1200 sq.ft. comprised in block no.11 Ward no.001, old S.no.59, new T.S.no.43/1 situated at Sembium town, Perambur taluk, Chennai district, within any reasonable time.

For Petitioner(s):

S.R.Karthikeyan For Respondent(s):

Mr.P.Sathish, Additional Government Pleader for R1

ORDER

This writ petition has been filed challenging the impugned proceedings of the 1 st respondent dated 16.10.2024 and for a consequential direction to the 1 st respondent to issue patta in favour of the petitioner with respect to the subject property.

2.

Heard Mr.S.R.Karthikeyan, learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader for 1 st respondent.

3.

The writ petitioner has directly filed the present writ petition against the order passed by the Tahsildar mainly on the ground that the 1 st respondent unnecessarily went into the question of title to the property, which is beyond the scope of enquiry under the Patta Passbook Act. It was further submitted that the 1 st respondent was asking the petitioner to produce certain documents, which are not within his control and this was done after the property was purchased almost 23 years back.

4.

In the considered view of this Court, the petitioner has an efficacious alternative remedy of appeal before the Revenue Divisional Officer under Section 12 of the Patta Passbook Act. Whatever grounds that have been raised in the present writ petition, can be raised in the appeal. Therefore, this Court is not inclined to exercise its discretion under Article 226 of the Constitution of India. Liberty is granted to the petitioner to file an appeal before the RDO within a period of two weeks from the date of receipt of a copy of this order. On such appeal being filed, the RDO shall issue notice to respondents 2 to 5 and pass final orders within a period of twelve weeks thereafter. The Registry is directed to return back the original order passed by the 1 st respondent to the learned counsel for the petitioner in order to enable the petitioner to file an appeal.

5.

This writ petition is disposed of with the above directions. No costs.

12-03-2025 rka Note : Issue order copy on 14.03.2025.

Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Tahsildar Perambur Taluk Office Chennai 600039

N.ANAND VENKATESH J.

rka 12-03-2025