M.Mariaesther Ruby v. The District Collector Of Tiruvallur
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-06-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY M.Mariaesther Ruby, W/o.D.Maria Anthonysekar, No.26, Badrigiri Nagar, Selavayal, Kodungaiyur, Chennai-600 118.
..Petitioner(s) Vs.
1. The District Collector of Tiruvallur Office of the Collector, Thiruvallur District.
2. The Tahsildar, Ponneri Taluk Office, Thiruvallur District.
..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of certiorarified mandamus, calling for the records of the 2nd respondent passed order Na.Ka. No.1805/2024/AA3 dated 16.08.2024 and quash the same and consequently to issue sub-division patta to the petitioner name in extent of 1800 square feet, in Plot No.119, Viswa Gayatri Nagar, Survey No.61/2H, Vilangadupakkam Village, Ponneri Taluk (formerly Madhavaram Taluk) Tiruvallur District.
For Petitioner(s):
Mr.V.Subramani For Respondent(s):
Ms.Inthu Karunakaran Government Counsel
ORDER
This Writ Petition has been filed challenging the impugned order dated 16.08.2024 and for a direction to issue sub-division patta to the petitioner name to an extent of 1800 square feet, in Plot No.119, Viswa Gayatri Nagar, Survey No.61/2H, Vilangadupakkam Village, Ponneri Taluk (formerly Madhavaram Taluk) Tiruvallur District.
2. The learned counsel for the petitioner would submit that the petitioner purchased the subject property through her power of attorney by virtue of the sale deed dated 15.09.2011 thereafter, she made an application for issuance of sub-division patta on 23.03.2023 and 04.01.2024 but the same was rejected citing that the same subject plot was purchased by one Charles vide Document No.4096 of 2013 however, the learned counsel for the petitioner would submit that the said document is not pertaining to the sale deed but is pertaining to the cancellation deed registered on 28.03.2013, which was wrongly understood. Therefore, the present writ petition is filed.
3. The learned counsel for the official respondents would submit that the petitioner purchased the subject property, when the first lay out was formed and when the second lay out was formed, part of the petitioner's Plot No.119 falls under the second lay out therefore, they are not in a position to register the same and one Charles purchased the subject Plot No.119 vide Document No.4096 of
2013 on 28.03.2013.
4. Heard the learned counsel for the petitioner as well as the official respondents and perused the material available on record.
5. Upon hearing the learned counsels and perusal of the document, it appears that the petitioner purchased the property through power of attorney by virtue of the sale deed dated 15.09.2011 and thereafter, she made an application for the purpose of issuance of sub-division and also patta, the same came to be rejected by virtue of the impugned order dated 16.08.2024 citing reason that the property was purchased by one Charles vide Document No.4063 of 2013 on 28.03.2013 and the subject plot also falls under two different layouts. However, upon perusal of the said document, it shows that it is a cancellation deed and not a sale deed. Therefore, based on the said document, no one can claim any right over the property including the said Charles.
6. As far as the contention of the respondent with regard to the petitioner's Plot also being covered under the second lay out is concerned, when the plot was already brought under the first lay out and sold to the petitioner, the question of including the same in the second lay out would not at all arise and, in the event, if such second lay out was formed with the same plot, it amounts to double sales.
7. Such being the case, the petitioner, being a purchaser, is entitled for patta and sub-division. Therefore, the impugned order issued by the 2nd respondent dated 16.08.2024 is set aside and the matter is remitted back to the 2nd respondent for re-consideration. The 2nd respondent is directed to measure and sub-divide the property based on the sale deed dated 15.09.2011 to the extent of 1800 Sq.ft. and thereafter, issue patta in favour of the petitioner. The entire exercise shall be carried out within a period of four weeks from the date of receipt of a copy of this order.
8. This Writ Petition is disposed of with the above terms. No costs.
9. List this matter for 'reporting compliance' on 31.07.2026. 12-06-2026 Index: Yes/No Speaking/Non-speaking order KKN
To
1. The District Collector of Tiruvallur Office of the Collector, Thiruvallur District.
2. The Tahsildar, Ponneri Taluk Office, Thiruvallur District.
KRISHNAN RAMASAMY, J.
KKN 12-06-2026