Dhanalakshmi @ Dhanam Gopal v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Dhanalakshmi @ Dhanam Gopal ... Petitioner Vs.

1. The Tahsildar, Maduravoyal Taluk, Phase-II, 2nd Main Road, Nolambur, Chennai - 600 095.

2. The Tamil Nadu Housing Board, Represented by its Managing Director, CMDA Complex, E&C Market Road, Koyambedu, Chennai - 600 107.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the first respondent to grant patta in favour of the petitioner on her Application No.2025/0105/02/319986 without insisting No Objection Certificate from the second respondent in respect of the property measuring 3000 sq.ft situated at Plot Nos.93&94, Muniyappa Nagar, Nerkundram Village, Maduravoyal Taluk, Chennai.

For Petitioner :

Mr.V.Manoharan For Respondents :

Mr.A.Selvendran Spl. Government Pleader for R1 Mr.Ravindranath Jeyapaul Standing Counsel for R2

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to grant patta in favour of the petitioner on the basis of Application bearing No.2025/0105/02/319986 submitted by her without insisting 'No Objection Certificate' from the second respondent in respect of the property measuring an extent of 3000 sq.ft situated at Plot Nos.93&94, Muniyappa Nagar, Nerkundram Village, Maduravoyal Taluk, Chennai.

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

3. The case of the petitioner is that the petitioner purchased plot measuring an extent of 3000 sq.ft in Survey Nos.125/3 & 125/2 situated at

Nerkundram, Saidapet Taluk, Chengalpattu vide sale deed dated 27.10.1986 registered as Document No.2794/1986 on the file of Sub Registrar Office, Virugambakkam, Chennai. Originally, the larger extent of lands comprised in the aforesaid survey numbers were subjected to Land Acquisition Proceedings. The said acquisition proceedings were challenged before the Division Bench of this Court in W.P.No.9018 of 1986 and the same has been set aside on 28.01.1988. When petitioner applied for patta, the same was rejected vide proceedings dated 14.05.2025. Petitioner thereafter once again submitted application and the same has also been rejected on the ground that unless the second respondent gives 'No Objection Certificate', patta cannot be issued.

4. Learned counsel for petitioner submits that first respondent orally insisted petitioner to approach second respondent for 'No Objection Certificate' for sub division of patta and issuance thereof, which is contrary to the order passed by this Court in W.P.Nos.34354, 34355 & 34357 of 2022 on 21.12.2022.

5. For ready reference, the directions issued in W.P.Nos.34354, 34355 & 34357 of 2022 dated 21.12.2022 is extracted hereunder: "12. In that view of the matter, this Court is inclined to dispose of this writ petition with the following orders: That there shall be a direction to the fifth respondent to consider the applications submitted by the petitioners dated 04.04.2022 individually by each of the petitioner with regard to the plea of getting patta for the land in question and accordingly pass necessary orders thereon on merits and in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order."

6. Learned counsel for both respondents submitted that the petitioner's request would be considered and orders will be passed in accordance with the directions issued by this Court in W.P.Nos.34354, 34355 & 34357 of 2022 dated 21.12.2022 within a period of eight weeks from the date of receipt of a copy of this order, which was agreed to by learned counsel for petitioner.

7. Taking into consideration the submissions made on both sides and the materials placed on record, this Writ Petition is disposed of with a

direction to the concerned respondent to consider the application submitted by the petitioner with regard to the plea of issuing patta for the land in question in accordance with the directions issued by this Court in W.P.Nos.34354, 34355 & 34357 of 2022 dated 21.12.2022 and accordingly, pass necessary orders thereon on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs.

12.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The Tahsildar, Maduravoyal Taluk, Phase-II, 2nd Main Road, Nolambur, Chennai - 600 095.

2. The Managing Director, The Tamil Nadu Housing Board, CMDA Complex, E&C Market Road,

Koyambedu, Chennai - 600 107.

MOHAMMED SHAFFIQ, J.

vji 12.06.2025