P.Suseela v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Suseela Petitioner(s) Vs 1.The Tahsildar, Perambur Taluk, Chennai District.

2.The Revenue Divisional Officer, North Chennai Division, Chennai District.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents herein to issue patta to the petitioner in respect of the lands comprised in Survey No.31/1 part and 31/2 part measuring to an extent of 3200 sq.feet situated at Plot No.12, Venkateswara Nagar, Part-1, 3rd Street, Kodungaiyur Village, Chennai-600 118. For Petitioner(s) : Mr.D.Rajendran For Respondent(s) : Mr.P.Sathish Additional Government Pleader

ORDER

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

2. The present writ petition is filed praying for a writ of Mandamus directing the respondents to issue patta to the petitioner in respect of the lands comprised in Survey Nos.31/1 part and 31/2 part.

3. It is submitted by the learned counsel for petitioner that petitioner submitted an application on 19.07.2023 seeking transfer of patta in favour of petitioner in respect of the lands comprised in Survey Nos.31/1 and 31/2, measuring an extent of 3200 sq.feet, situated at Plot No.12, Venkateswara Nagar, Part-1, 3rd Street, Kodungaiyur Village, Chennai-600 118, as the computerised patta was erroneously issued in the name of one Ismail Sheriff. It is stated that despite several reminders, the same has not been considered by the respondents till date. Hence, this writ petition.

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents that they would consider petitioner's request after issuing notice to petitioner, the one in whose name patta has been issued, any other interested party and thereafter proceed to consider and pass appropriate orders in accordance with law, within a time frame to be fixed by this Court. 2/6

5. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The appropriate respondent shall consider petitioner's request for transfer of patta in petitioner's name after issuing notice and affording a reasonable opportunity of hearing to petitioner, one Ismail (in whose name the patta has been issued) and all other interested parties including rival claimants, if any. ii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the representation and pass appropriate order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules.

iii) The petitioner's application/request shall be disposed of within a period of 16 weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

iv) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open. No costs. 3/6

12.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:

1.The Tahsildar, 4/6

Perambur Taluk, Chennai District.

2.The Revenue Divisional Officer, North Chennai Division, Chennai District.

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MOHAMMED SHAFFIQ, J.

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