L.Parthiban v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ L.Parthiban ... Petitioner Vs.

The Tahsildar, Velechery Taluk, Velechery, Chennai - 600 042.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of declaration, to declare the proceedings of the respondent Nil dated by declining to issue patta in favour of petitioner for the property situated at Survey No.47/1, Block No.21 in the extent of 960 sq.ft out of 1645 sq.ft comprised at No.137, Velecherry Village and issue consequential direction to conduct proper enquiry on the petitioner's representation dated 26.03.2025.

For Petitioner :

Mr.S.Parthasarathi For Respondent :

Mr.S.J.Mohammed Sathik Government Advocate

O R D E R

This writ petition has been filed challenging the rejection of the petitioner's request for issuance of patta in respect of the property comprised in Survey No.47/1, Block No.21 measuring an extent of 960 sq.ft out of 1645 sq.ft at Velecherry Village and to direct to conduct enquiry on the petitioner's representation dated 26.03.2025.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. Learned counsel appearing for the petitioner would submit that the property comprised in Survey No.47/1 measuring an extent of 1645 sq.ft situated at Block No.21, No.14B, Bharathi Street, Kamarajapuram, Velechery was purchased by petitioner's father. Petitioner's father executed a settlement deed dated 02.12.2020 registered vide Document No.5430 of 2020 on the file of Sub Registrar, Velechery, measuring an extent of 960 sq.ft out of 1645 sq.ft in favour of petitioner. Thereafter, petitioner made representation on 26.03.2025 for issuance of patta in his

name. It is stated that the representation of petitioner dated 26.03.2025 seeking for patta has been rejected by the respondent without assigning any reasons. Hence, the present writ petition has been filed.

4. At the outset, it is submitted by Mr.S.J.Mohamed Sathik, learned Government Advocate for respondent that if petitioner submits a fresh representation for issuance of patta, the same would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by learned counsel for petitioner.

5. Taking into consideration the facts and circumstances of the case and the grievance expressed by petitioner, there shall be a direction to petitioner to submit a fresh representation to respondent along with necessary documents and also a copy of this order with regard to issuance of patta within a period of four weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. On such receipt, respondent shall pass a speaking order within a period of eight weeks

thereon, after putting petitioner and any other interested parties, if any, on notice. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the respondent to consider the case on its own merits and in accordance with law.

6. Accordingly, this Writ Petition stands disposed of. No costs. 26.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To The Tahsildar, Velechery Taluk, Velechery, Chennai - 600 042.

MOHAMMED SHAFFIQ, J.

vji 26.06.2025