Raja Chandrasekar v. District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA & W.M.P.No.36356 of 2024 1.Raja Chandrasekar 2.Rama
...Petitioners
Vs.
1.The District Collector Rajaji Salai, Fourth Floor, 62, Beach RD, George Town, Chennai - 600 001.
2.The Tahsildar, Adyar, Chennai.
...Respondents
Prayer: Writ Petition is filed under Article 226 to issue a Writ of 1/8
Mandamus, directing the respondents to issue patta in favour of the petitioners for the land situate in building consisting of Ground and First floor, situated at Door No. 22, 29th cross, Indra Nagar, Madras 600 020, R.S.No. 51/2 part, Thiruvanmiyur, admeasuring 1 Ground and 800 square feet by considering their petition request in TN/REV/CHN/1/MM/19 JAN/7543858 dated 19.01.2024. For Petitioner :
Mr. S.Lakshmikanth For Respondents :
Mr. A.Selvendran Special Government Pleader.
O R D E R
The petitioner seeks the following relief from this Court: " Mandamus directing the respondents to issue patta in favour of the petitioners for the land situate in building consisting of Ground and First floor, situated at Door No. 22, 29th cross, Indra Nagar, Madras 600 020, 2/8
R.S.No. 51/2 part, Thiruvanmiyur, admeasuring 1 Ground and 800 square feet by considering their petition request in TN/REV/CHN/1/MM/19 JAN/7543858 dated 19.01.2024"
2. It is the case of the petitioners that the property subject matter of this Writ Petition was originally purchased by one Saptharishi under a sale deed dated 27.10.1977 from the Tamil Nadu Housing Board. The said Saptharishi has been in continuous possession of the same. He constructed two storied residential building upon the land.
3. The petitioners would submit that the 1st petitioner purchased the ground floor of the building together with undivided half share and the 2nd petitioner has purchased the 1st floor and the remaining undivided half share in the property under a registered sale deed in Document Nos.1789 and 1790 / 1997.
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4. The petitioners would submit that till date it is the name of the Housing Board which stands in the patta. Therefore, they had applied for transfer of patta in their name under application dated 19.01.2024, which application has not been processed to date. Therefore, the petitioners have come forward with the Writ Petition.
5. Heard the learned counsels on the either side and perused the records.
6. The petitioners' request for transfer of patta is on the basis of the sale in their favour. The narration in the affidavit filed in support of the Writ Petition would show that the property had been sold by the Housing board to the petitioner's vendor one Saptharishi, who apparently have not mutated his name into the revenue records.
7. Therefore, mandamus is issued to the 2nd respondent to consider the petitioners' application dated 19.01.2024 and effect 4/8
transfer of patta in their favour, within a period of 8 weeks from the date of receipt of a copy of this order. In case of a rejection, speaking order shall be passed.
8. Accordingly, the Writ Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs. 19.11.2024 Index : Yes/No Internet : Yes/No kan 5/8
To 1.The District Collector Rajaji Salai, Fourth Floor, 62, Beach RD, George Town, Chennai - 600 001.
2.The Tahsildar, Adyar, Chennai.
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P.T. ASHA, J, kan W.P.No. 33568 of 2024 7/8
19.11.2024 8/8