M.Ganesh Bose v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Ganesh Bose, S/o.N.K.Muthulingam ... Petitioner Vs.
1.The District Collector, Chennai District, No.62, Rajaji Salai, Chennai - 600 001.
2.The Tasildhar, Solinganallur Taluk, Rajiv Gandhi Salai, 1st Street, Solinganallur, Chennai - 600 119.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents to consider the application registered vide Can No.0330310044838 and Application No.2025/0105/02/320749 dated 16.06.2025 for Sub Division Patta Transfer and Representation dated 14.06.2025, seeking immediate and appropriate steps to survey the petitioner's land and to issue Patta in the name of the petitioner for Plot No.126.
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For Petitioner : Mr.C.Senapathi For Respondents : Mr.P.Sathish Additional Government Pleader
ORDER
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, to direct the respondents to consider the petitioner's application registered vide Can No.0330310044838 and Application No.2025/0105/02/320749 dated 16.06.2025 for Sub Division Patta Transfer and representation dated 14.06.2025, seeking immediate and appropriate steps to survey the petitioner's land and to issue Patta in the name of the petitioner for Plot No.126.
3. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the property bearing Plot No.126, comprised in S.Nos.10 and 11, 6th Main Road, Ram Nagar South Extension, Pallikaranai Village (Presently Sholinganallur Taluk), Chennai District. It is submitted that as on date the petitioner is in peaceful possession and enjoyment of the subject property. 3.1. It is further submitted by learned counsel for the petitioner that 2/7
petitioner had put up a construction in the above property measuring an extent of 4800 sq.ft. It is stated that petitioner purchased the subject property from one R.Singaram vide Sale Deed dated 09.01.1992, registered as Doc.No.43 of 1992 in the District Registrar's Office, Madras South. It is further stated that the then adjacent owner of Plot No.128, attempted to put up a compound wall on the petitioner's western side property of Plot No.126. Thereafter, the then adjacent owner sold his property bearing Plot No.128 to some third parties, and they are carrying on piling work to put up a building by encroaching the western side of petitioner's property.
3.2. It is submitted by learned counsel for the petitioner that the petitioner lodged a complaint with the Commissioner of Police, Greater Chennai and with the Inspector of Police, S-7 Madipakkam Police Station, Keelkattalai, Chennai. It is further submitted that petitioner had applied to the 2nd respondent for mutation of patta with sub-division of S.Nos.10 and 11 in his name. It is submitted that 1st of the above request was made as early as 20.07.2015, followed up by 4 other applications on various dates, which are tabulated below:- 3/7
Sl.No.
Reference Number Date 1.
No.294/2015 20.07.2015 2.
Can No.0330310044838 and Application No.2016/0105/03/022587 10.08.2016 3.
Can No.0330310044838 and Application No.2018/0105/02/181460 11.12.2018 4.
Can No.0330310044838 and Application No.2022/0105/02/282944 16.08.2022 5.
Can No.0330310044838 and Application No.2025/0105/02/320749 10.06.2025 However, the above request for mutation of patta with sub-division of subject property is yet to be considered.
3.3. Since nothing has been progressed, the petitioner made a representation to the 2nd respondent on 14.06.2025, seeking to survey his property and to issue patta in his name for Plot No.126. The said representation is also stated to kept pending. Aggrieved by the same, the petitioner has come before this Court.
4. On this being pointed out, the learned Additional Government Pleader for the respondents would submit that they would consider both the application and representation of the petitioner dated 10.06.2025 and 14.06.2025 respectively, and carry out a survey, mutate the patta and complete the process within a time frame 4/7
to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. In view thereof, this Writ Petition stands disposed of with a direction to the respondents to consider the petitioner's application as well as representation and carry out a survey and complete the process within a period of eight (8) weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. 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. No costs. 15.07.2025 Speaking (or) Non Speaking Order arb To 5/7
1.The District Collector, Chennai District, No.62, Rajaji Salai, Chennai - 600 001.
2.The Tasildhar, Solinganallur Taluk, Rajiv Gandhi Salai, 1st Street, Solinganallur, Chennai - 600 119.
MOHAMMED SHAFFIQ, J.
arb 6/7
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