A.Ayesha v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. A.Ayesha W/o Sahul Hameed, Flat No S2, Anugraha Apartments Door No 56, Singanna Chetty Street, Chindadripet Chennai 02 Petitioner(s) Vs

1. District Collector Chengalpattu District, Chenglapattu 2.The Sub Collector Chengalpattu District, Chenglapattu 3.The Tahsildar Thiruporur Taluk, Chengalpattu District.

Respondent(s) PRAYER This writ petition has been filed under Article 226 of Constitution of India for issuance of writ of mandamus directing the Respondents to effect the transfer of

patta in favour of the petitioner in respect of the property situated at New Natham Survey No 255/8, Old Natham Survey No 109/1A, Thiruporur Village Thiruporur Taluk Chengalpattu District, to an extent of 4180 square feet of land and 200 square feet of building, pursuant to the sale deed dated 17.10.2024 registered as Document No 22081 of 2024 on the file of the Sub-Registrar, Thiruporur, in accordance with law and within a time frame fixed by this Court.

For Petitioner(s):

Mr.Y.Prakash For Respondent:

Mr.S.Jeyachandran Government Advocate for R1 to R3

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 3 rd respondent to issue patta in the name of the petitioner with respect to the subject property.

2.

Heard Mr.Y.Prakash, learned counsel for the petitioner and Mr. S.Jeyachandran, learned Government Advocate for Respondents 1 to 3. 3.

The petitioner is claiming right and title over the subject property through a registered sale deed dated 17.10.2024. The petitioner was approaching the respondent seeking for patta and the same was not granted which impelled the petitioner to file the present writ petition before this Court. 4.

When the matter was taken up for hearing today, it was brought to

the notice of this Court that the father of the petitioner filed an application seeking for patta before the 2 nd respondent and the 2 nd respondent through proceedings dated 06.01.2025 has rejected the same on the ground that there is a suit pending.

5.

In the considered view of this Court, if the father of the petitioner has been denied patta by citing some reasons, the same reason will act against the petitioner also. Just because, the petitioner has become the subsequent purchaser, a different reason cannot be assigned for the petitioner for refusing to transfer the patta. Therefore, unless the order dated 06.01.2025 passed by the 2 nd respondent is put to challenge, there is no scope for directing the 3 rd respondent to consider the application given by the petitioner for patta. Except giving this clarification, no further orders can be passed in this writ petition. 6.

This writ petition is disposed of in the above terms. No costs. 12-03-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.District Collector Chengalpattu District, Chenglapattu 2.The Sub Collector Chengalpattu District, Chenglapattu 3.The Tahsildar Thiruporur Taluk, Chengalpattu District.

N.ANAND VENKATESH J.

rka 12-03-2025