Anthony Hilary Nalina v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-04-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 16411 OF 2025
1. Anthony Hilary Nalina W/o.P.D.Selvaraj, No.35, Driver Street, Pudupet, Chennai- 600 002.
Petitioner(s) Vs
1. The Revenue Divisional Officer Revenue Division Office, Pattnoolchatram , Sriperumbudur, Kanchipuram District.
2.The Tahsildar Taluk Office, Tiruvallur Road, Sriperumbudur Taluk, Kanchipuram District.
Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Certiorarified Mandamus to call for the records on the file of the 2nd
Respondent herein vide the petitioners PATTA application No. 2024/ 0105/ 03/ 455359 dated 05.06.2024 and quash the Impugned order dated 06.6.2024 rejecting PATTA to the petitioner as highly arbitrary and unconstitutional and further direct the Respondents herein to issue PATTA in favour of the petitioner herein pertaining to the petitioners property in survey No.12/1 at No.26, Sokandy village, Sriperumbudur Taluk, Kanchipuram District, measuring an extent of 1.3 Acres, upon survey and Sub- Division of the same in view of the Petitioners Application dated 05.06.2024 on merits and in accordance with law.
For Petitioner(s):
Mr. J.Ashok For Respondent:
Mr.A.Selvendran Special Government Pleader for R1 and R2
ORDER
This writ petition has been filed challenging the impugned proceedings of the 2 nd respondent dated 06.06.2024 and for a consequential direction to the 2 nd respondent to issue patta in the name of the petitioner with respect to the subject property.
2.
Heard Mr.J.Ashok, learned counsel for the petitioner and Mr.A.Selvendran, learned Special Government Pleader for respondents 1 and 2.
3.
The petitioner is claiming right and title over the subject property by virtue of a registered sale deed dated 23.06.1993 which was executed in favour of the petitioner's husband. She is also placing reliance upon two other sale deeds dated 20.12.2006 and 11.03.2008 . The petitioner submitted an online application seeking for issuance of patta. The same has been rejected by the nd respondent through an on-line rejection order dated 06.06.2024 without assigning any reasons. On this ground alone, the impugned order passed by the nd respondent is liable to be interfered by this Court. 4.
In the light of the above discussion, the impugned order passed by the 2 nd respondent dated 05.06.2024 is hereby quashed. The matter is remanded back to the file of the 2 nd respondent and the 2 nd respondent is directed to deal with the application dated 05.06.2024, after affording an opportunity to the petitioner and seek for necessary clarification from the petitioner and thereafter, pass a reasoned order, within a period of six weeks from the date of receipt of the copy of this order.
5.
In the result, this writ petition is allowed with the above directions. No costs. Consequently, the connected miscellaneous petition is closed. 28-04-2025 rka Index:Yes/No Speaking/Non-speaking order
To 1.The Revenue Divisional Officer Revenue Division Office, Pattnoolchatram , Sriperumbudur, Kanchipuram District.
2.The Tahsildar Taluk Office, Tiruvallur Road, Sriperumbudur Taluk, Kanchipuram District.
N.ANAND VENKATESH J.
rka WMP NO. 16411 OF 28-04-2025