← Library
Madras High CourtWP/23740/2021disposed of

Mrs. D.Sathiyabama v. The Zonal Deputy Thasildar

2021-11-02Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.11.2021

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.23740 of 2021 and W.M.P. No.24997 of 2021 Mrs. D. Sathiyabama ....Petitioner Vs.

1. The Zonal Deputy Tahsildar, Tambaram Taluk, Tambaram, Chennai - 600 045.

2. The Special Tahsildar, Tambaram Taluk, Tambaram, Chennai - 600 045.

3. The Assistant Commissioner, Urban and Land Tax, No.153, Karuneegar Street, Adambakkam, Chennai - 600 088.

... Respondents Prayer:This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the application given by the petitioner on 02.08.2021 and consequential relief by way of direction directing the 1st and 2nd respondents to issue a Patta Name Transfer in favour of the petitioner pertaining to property situated at South Chennai Registration District, Pallavaram SubRegistration Office, Nanmangalam Village, Rani Nagar, comprised in S.No.293/2, Patta No.4052 as per New Survey No.293/18, measuring an extent of 1410 Sq.ft. and pass orders accordingly. For Petitioner :: Mr.T. Ramachandran For Respondents :: Mr.V. Veluchamy (Government Advocate)

O R D E R

This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the application given by the petitioner on 02.08.2021 and consequential relief by way of direction directing the 1st and 2nd respondents to issue a Patta Name Transfer in favour of the petitioner pertaining to property situated at South Chennai Registration District, Pallavaram SubRegistration Office, Nanmangalam Village, Rani Nagar, comprised in S.No.293/2, Patta No.4052 as per New Survey No.293/18, measuring an extent of 1410 Sq.ft. and pass orders accordingly.

2. Heard the learned counsel for the petitioners and the learned counsel for the respondents as well as perused the material available on records.

3.Having considered the facts and circumstances of the case and submissions of the learned counsel on either side, it is seen that the respondents 1 and 2 have directed the petitioner herein to obtain No Objection Certificate from the 3rd respondent herein for issuance of Patta in the name of the petitioner while the petitioner has applied application for Patta Name Transfer through online on 02.08.2021 on the file of the 1st respondent and the said petition premises was granted approval by CMDA. Even though the proper reason is not known to obtain NOC from the 3rd respondent, this Court without expressing any opinion with regard to the merits of the case, directs the respondents 1 and 2 to consider the petitioner's application dated 02.08.2021 and pass appropriate orders on it within a period of Sixteen weeks from the date of receipt of copy of this order in accordance with law after affording sufficient opportunity to him.

4.In the result, the Writ Petition is disposed of accordingly. Consequently, connected miscellaneous petitions are closed if any. There shall be no order as to costs. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR

Lbm To:

1. The Zonal Deputy Tahsildar, Tambaram Taluk, Tambaram, Chennai - 600 045.

2. The Special Tahsildar, Tambaram Taluk, Tambaram, Chennai - 600 045.

3. The Assistant Commissioner, Urban and Land Tax, No.153, Karuneegar Street, Adambakkam, Chennai - 600 088.

W.P.No.23740 of 2021 and W.M.P. No.24997 of 2021 vsn II[co] srg 20/12/2021