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Madras High CourtWP/19484/2024dismissed

N.Thahera v. The District Collector

2024-07-22Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIG H COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.19484 of 2024 N.Thahera .. Petitioner

Versus

1. The District Collector, Collector Office, Singaravelar Maaligai, Chennai - 600 001.

2. The District Revenue Officer, Collector Office, Singaravelar Maaligai, Chennai - 600 001.

3. The Revenue Divisional Officer, Central Chennai, Ambattur, Chennai - 600 101.

4. The Tahsildar, Egmore Taluk Office, Egmore, Chennai - 600 008.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the fourth respondent to dispose the petitioner's representation dated 07.08.2023 and online application dated 09.05.2024 and grant patta in favour of the petitioner in respect of the petitioner's property situated at Door No.101/140 an extent of 4300 sq.ft. comprised in Survey No.10/1, Puliyur Village, Egmore Taluk, Chennai. For Petitioner : Mr.M.Saravanakumar 1/5

For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition is filed to direct the fourth respondent to dispose the representation of the petitioner dated 07.08.2023 and online application dated 09.05.2024 and grant patta in favour of the petitioner in respect of the petitioner's property situated at Door No.101/140 an extent of 4300 sq.ft. comprised in Survey No.10/1, Puliyur Village, Egmore Taluk, Chennai.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

4. The case of the petitioner is that the subject property was originally owned by the father-in-law of the petitioner and thereafter, he gifted the property to his son viz., the husband of the petitioner herein. The grievance of the petitioner is that though she has given a representation and an online application 2/5

to the respondents to mutate the records in name of the petitioner, the same has not been considered by the respondents till date. Hence, the present Writ Petition.

5. A perusal of the affidavit filed along with the Writ Petition indicates that there is encroachment and the third parties are in possession of the property. Such being the position, it is for the petitioner to file a suit to establish her title and based on the Civil Court decree, she has to approach the authority for mutation of records in her favour.

6. With the above observation, this writ petition is dismissed. No costs. 22.07.2024 vrc Index :Yes/No Internet :Yes/No To,

1. The District Collector, Collector Office, Singaravelar Maaligai, Chennai - 600 001.

2. The District Revenue Officer, Collector Office, Singaravelar Maaligai, Chennai - 600 001.

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3. The Revenue Divisional Officer, Central Chennai, Ambattur, Chennai - 600 101.

4. The Tahsildar, Egmore Taluk Office, Egmore, Chennai - 600 008.

4/5

N. SATHISH KUMAR, J.

vrc W.P.No.19484 of 2024 22.07.2024 5/5