Rajendran v. Chennai Metropolitan Development
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.08.2025 Coram:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.Rajendran 2.K.Padmavathi 3.K.Prabavathy 4.R.Selvakani
...Petitioners
Versus
1.Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Sub Registrar, Joint - II Sub Registrar Office, Chengalpattu.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to execute the Rectification Deed in respect of the Registered Sale Deed Document No.2235 dated 01.12.1993 on the file of the 2nd respondent and consequently, direct the 2nd respondent to register the rectification document to be presented by the petitioner without insisting the presence of the vendor in Document No.715/1995 dated 30.03.1995. 1/8
For Petitioners :
Mr.K.V.Sajeev Kumar For Respondent - 1 :
Mr.R.Thamarai Selvan, Standing Counsel For Respondent - 2 :
Mr.U.Baranidharan, Special Govt. 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 relief sought in this writ petition is to direct the 1st respondent to execute a Rectification Deed in respect of the Registered Sale Deed Document No.2235 dated 01.12.1993 on the file of 2nd respondent and consequently direct the 2nd respondent to register the Rectification Document to be presented by the petitioner, without insisting the presence of the vendor in Document No.715/1995 dated 30.03.1995.
3. The learned counsel for the petitioners submitted that 1st respondent vide Allotment Letter No.AL3/8805/87 dated 10.07.1987, allotted land bearing Plot No.9, Block No.33, measuring an extent of 1,886 2/8
Sq.ft comprised in S.No.360/Part situated at Maraimalai Nagar, Chengalpattu District (hereinafter referred to as "subject property") to one Mr.S.Antony Dass. Subsequently, 1st respondent conveyed title of subject property to said Antony Dass by way of execution of a Sale Deed which was registered as Document No.2235 of 1993 dated 01.12.1993 on the file of 2nd respondent. During the year 1995, 1st petitioner had purchased the subject property in the name of his wife viz., Mrs.R.Banumathi by way of a Sale Deed which was registered as Document No.715 of 1995 dated 30.03.1995 on the file of 2nd respondent.
3.1. It is further submitted by the learned counsel for petitioners that 1st petitioner had purchased the subject property under the impression that Plot No.9 was located in S.No.330/Part, but, when 1st petitioner approached the Revenue Officials for issuance of Patta in respect of the property purchased by him, he was informed that Plot No.9 is located in S.No.360 and not in S.No.330/Part. Hence, 1st petitioner requested the 2nd respondent to make necessary rectification in the sale deed, but, 2nd respondent informed the 1st petitioner that 1st respondent is the authority authorised to carry out rectification in the original sale deed. Hence, 1st petitioner 3/8
submitted a Representation dated 19.01.2024 before 1st respondent seeking rectification of error in survey number mentioned in the Sale Deed dated 30.03.1995.
4. The learned Standing Counsel appearing for 1st respondent submitted that in response to 1st petitioner's Representation dated 19.01.2024, the Senior Estate Officer, Chennai Metropolitan Development Authority, Chennai - 600 008 vide Letter dated 04.03.2024, called upon the 1st petitioner to appear for enquiry on 15.03.2024 and the enquiry was also conducted on the said date. It is further submitted by the learned Standing Counsel for 1st respondent that 1st respondent would pass appropriate orders on the petitioner's Representation dated 19.01.2024, within a period of two weeks.
5. The learned counsel for the petitioners submitted that the 1st petitioner's wife, Mrs.R.Banumathi in whose name the subject property was purchased in the year 1995 had passed away on 28.08.2023 leaving behind her husband (1st petitioner), two daughters (petitioners 2 & 3) and one son (4th petitioner) as her legal heirs. Moreover, now the petitioner's vendor is 4/8
also no more. Therefore, the learned counsel for the petitioners submitted that any Rectification Deed in respect of the subject property be executed in favour of the petitioners (legal heirs of deceased Late Mrs.R.Banumathi).
6. The learned Special Government Pleader appearing for 2nd respondent submitted that if the petitioners request the 2nd respondent to register any Rectification Deed in respect of the subject property in their favour, 2nd respondent would consider their request keeping in view orders that may be passed by 1st respondent on petitioner's Representation dated 19.01.2024.
7. The submissions made by the learned Standing Counsel for 1st respondent as well as the learned Special Government Pleader for 2nd respondent have been fairly conceded by the learned counsel for the petitioner.
8. In view of the above, this Court in inclined to issue the following directions:
(i) The 1st respondent is directed to consider 1st petitioner's 5/8
Representation dated 19.01.2024 and pass appropriate orders, on its own merits and in accordance with law, within a period of two weeks from the date of uploading of the web copy of this order without waiting for the receipt of a certified copy of this order.
(ii) It is made clear that if the petitioners request the 2nd respondent to register any Rectification Deed in respect of the subject property in their favour, 2nd respondent shall consider their request subject to the outcome of orders to be passed by 1st respondent on petitioners' Representation dated 19.01.2024.
9. This Writ Petition stands disposed of with the above directions. No costs.
12.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 6/8
To 1.Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Sub Registrar, Joint - II Sub Registrar Office, Chengalpattu.
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MOHAMMED SHAFFIQ, J.
mrr 12.08.2025 8/8