S.Radhika v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR S.Radhika ... Petitioner Vs 1.The District Collector, Chengalpattu Dist.
Collectorate, GST Road Chengalpattu - 603 001 2.The Tahsildar Tahsildar Office Pallavaram Taluk Chengalpattu District - 600 044 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the 2nd respondent herein to issue patta to the petitioner in respect of her property comprised in S. No.304/18, Keezhkatalai Village, Tambaram Taluk, Kancheepuram District. For Petitioner : Mr.S.Eshwar For Respondent : Mr.A.Selvendran Spl. Govt. Pleader for R1 & R2
O R D E R
Page 1/5
This writ petition has been filed for a direction to the 2nd respondent herein to issue patta to the petitioner in respect of her property comprised in S. No.304/18, Keezhkatalai Village, Tambaram Taluk, Kancheepuram District.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the entire materials available on record.
3. It is the case of the petitioner that she has purchased Plot Nos.11 and 12 comprised in S. No.304/18, Keezhkattalai Village, Tambaram Taluk, Chengalpattu District from R.Magesh and R.Srikumar, through their Power Agent G.Narayanasamy in 2005. Encumbrance certificate and other documents concerning the above-mentioned survey number would show that several persons have already purchased several plots of land in S. No.304/18 and the plots were divided only after obtaining due approval from CMDA vide proceeding of the Commissioner of Pallavaram. In the meanwhile, the petitioner came to know that her properties were wrongly classified in the Revenue Register as "Eri Ulvai" by the revenue authorities despite rectified Page 2/5
chitta being issued in the name of petitioner's predecessor-in-title, stating that the subject property is not "Eri Ulvai" lands. The petitioner has been in possession of the property for more than two decades, but no notice was also issued to the petitioner before such re-classification. On 15.04.2024, the petitioner had sent a representation to the respondents and other officials along with relevant documents seeking revenue records and to rectify the error in the records and issue patta. Hence the petitioner has filed this writ petition.
4. Considering the limited relief sought for in this writ petition, the second respondent is directed to consider the representation of the petitioner dated 15.04.2024 and pass appropriate orders on the petitioner's application for issuance of patta in respect of her property comprised in S. No.304/18, Keezhkattalai Village, Tambaram Taluk, on merits and in accordance with law, after giving notice to the neighbouring land owners and any other interested persons. Such exercise shall be completed within a period of two months from the date of receipt of copy of this order.
5. With the above direction, the writ petition is disposed of. No costs. Page 3/5
31.07.2024 Index : Yes / No : Yes / No Asr To 1.The District Collector, Chengalpattu Dist.
Collectorate, GST Road Chengalpattu - 603 001 2.The Tahsildar Tahsildar Office Pallavaram Taluk Chengalpattu District - 600 044 3.The Government Pleader High Court, Madras N.SATHISH KUMAR , J.
Page 4/5
Asr 31.07.2024 Page 5/5