B.Sujatha Alies Gowri v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.11.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.27032 of 2019 B.Sujatha @ Gowri .. Petitioner /versus/ The Tahsildar, Aynavaram Taluk, New Avadi Road, Chennai-600 023.

.. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent herein to dispose of the application dated 02.01.2019 and consequently enquire and issue patta in the name of the petitioner in respect of the petition mentioned property situate at Old No.60, New Door No.14, Otthavadi Street, Nammalvarpet, Chennai-600 012 comprised in Old Survey No.132, New Survey No.132/1, Block-37, C.A.No.401/80-81, Ayanavaram Revenue Division, Perambur Purasawalkam Taluk, measuring an extent of 410 sq.ft., within a time frame. For petitioner : Mr.R.Abdul Mubeen For Respondent : Mr.M.Elumalai, GA

O R D E R

The petitioner herein claims that she purchased the property bearing door No.14, Otthavadi Street, Nammalvarpet, Chennai-600 012 comprised in Old Survey No.132, New Survey No.132/1, Block-37, C.A.No.401/80-81, Ayanavaram Revenue Division, Perambur-Purasawalkam Taluk. The said sale deed is duly registered as document No.788/2013 on 03.12.2012 at Sub Registrar Office, Anna Nagar, Chennai. She purchased the property from the legal heirs of late one Boopathi Naicker, who was the title holder of the property. Based on the sale deed and tax receipts, the petitioner has applied for issuance of patta in his name. Since the respondent has not issued patta, the present writ petition seeking Mandamus directing the respondent to issue patta.

2. The learned Government Advocate appearing for the respondent submits that the application of the petitioner https://hcservices.ecourts.gov.in/hcservices/

herein is not supported by any documents except the sale deed. The petitioner has to presents the patta in the name of Boopathi and the Legal Heirs Certificate of Boopathi to ensure that she has purchased the property from the right owner. If the petitioner furnishes these documents along with Legal Heirs Certificate of the Boopathi, on satisfaction of the genuineness of the certificate the representation of the petitioner seeking mutation of the revenue records of the petitioner will be considered in accordance with law.

3. In the light of the above submission made by the petitioner, the writ petition is disposed of with a direction to the respondent to consider the representation of the petitioner herein expeditiously in accordance with law immediately on production of Legal Heirs Certificate of the Boopathi. No costs.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar rpl To The Tahsildar, Aynavaram Taluk, New Avadi Road, Chennai-600 023.

+1cc to Mr.R.Abdul Mubeen, Advocate, S.R.No. 95488 +1cc to the Government Pleader, S.R.No. 96579 W.P.No.27032 of 2019 EV(CO) GN(31/12/2019) https://hcservices.ecourts.gov.in/hcservices/