Loganathan v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR Loganathan ... Petitioner Vs.

1. The Collector, Chennai District Collector Office, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai, Tamil Nadu - 600 001.

2. The District Revenue Officer, North Chennai Zone, Singaravellar Maligai, Chennai, Tamil Nadu - 600 001.

3. The Revenue Divisional Officer, Puzhal, Madhavaram, Chennai, Tamil Nadu - 600 066.

4. The Tahsildar, Madhavaram, Puzhal, Madhavaram, Chennai, Tamil Nadu - 600 066.

... Respondents 1 of Page 6

PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the order of the fourth respondent in e/f/vz;/287/2023/M1, dated 06.02.2024 and quash the same and subsequently, direct the fourth respondent to issue a Patta in favour of the petitioner. For Petitioner : Mr.N.Thamizhanban For Respondents : Mr.S.J.Mohamed Sathik Government Advocate - - - - -

ORDER

The petitioner herein challenges the order passed by the fourth respondent negativing his request for issue of Natham Patta.

2. According to the petitioner, his paternal grandmother Baby Ammal purchased a property in S.No.950/2, Madhavaram Revenue District, Chennai, by Sale Deed dated 30.07.1956. Subsequently, there was a partition in the family dated 30.12.1982 and the property measuring an extent of 6205 square feet in S.No.950/2 was allotted to the petitioner's father namely, Hari Krishnan. The father of the petitioner died on 03.12.1992 and the petitioner and his mother are the legal heirs of his father and they have been in possession and 2 of Page 6

enjoyment of the said land. The petitioner attempted to renovate the building stand in the subject land. However, the planning permission was refused on the ground that there was no patta in the name of the petitioner for the said land. Hence, the petitioner applied for issue of patta and the same was negatived by the impugned order on the ground that due to computerization of the Village Natham Records, issue of Natham Patta is temporarily suspended.

3. When the matter is taken up for hearing today, the learned Government Advocate, who is taking notice for the respondents, on instructions, submits that the computerization of the Village Natham Records will be completed within a period of six (6) months.

4. The said statement made by the learned Government Advocate is recorded. The respondents are directed to consider the request of the petitioner for grant of patta for the said land after completion of computerization of the Village Natham Records. Since the request of the petitioner was not processed temporarily, due to the computerization of the records, it is always open to the petitioner to approach the respondents after completion of the computerization of the Village Natham Records. 3 of Page 6

5. This Court is not inclined to interfere with the order passed by the fourth respondent. However, the respondents are directed to consider the request of the petitioner after completion of the computerization of the Village Natham Records.

With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

23.08.2024 asi To

1. The Collector, Chennai District Collector Office, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai, Tamil Nadu - 600 001.

2. The District Revenue Officer, North Chennai Zone, Singaravellar Maligai, Chennai, Tamil Nadu - 600 001.

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3. The Revenue Divisional Officer, Puzhal, Madhavaram, Chennai, Tamil Nadu - 600 066.

4. The Tahsildar, Madhavaram, Puzhal, Madhavaram, Chennai, Tamil Nadu - 600 066.

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S. SOUNTHAR, J.

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