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Madras High CourtWP/24110/2004disposed of

D.Dhana Sekaran v. The District Collector

2017-08-29Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.24110 of 2004 and W.M.P.No.29263 of 2004 D.Dhana Sekaran ... Petitioner Vs.

1. The District Collector, Office of the Collector, Chennai-1.

2. The Tahsildar, Mylapore-Triplicane Taluk, Chennai-28.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the order of the second respondent dated 30.06.2004 in proceeding No.O.MU.A1/pa.ma/1517/03-04 and quash the same and direct the second respondent to effect the name transfer in the patta of the property bearing door no.30/29 Sadayapan street, Mandaveli, Chennai in the name of the Petitioner.

For Petitioner : Mr.K.Selvaraj For Respondents : Mr.A.Zakkir Hussain, Government Advocate.

O R D E R

The petitioner filed a writ petition challenging the Order of the second respondent/Tahsildar dated 30.06.2004, wherein his request for transfer of patta was rejected on the ground that there was a civil dispute pending in between the father and the petitioner. Against which, the present writ petition is filed.

2. The learned counsel appearing for the petitioner Mr.K.Selvaraj submitted that he filed a Civil suit in C.S.No.701 of 2003. The suit is decreed in favour of his father. Subsequently the petitioner filed a O.S.A. against the decree. In the O.S.A, the petitioner succeeded. The learned counsel appearing for the petitioner further submitted that liberty may be granted in view of the Civil Court Proceedings in his favour https://hcservices.ecourts.gov.in/hcservices/

to approach the revenue authorities for transfer of Patta.

3. In view of the same, liberty is granted to the petitioner to approach the second respondent/Tahsildar for transfer of Patta, based on the Judgment. On production of the Judgment, the Tahsildar, consider the petitioner case and pass orders as per the Patta Pass Book Act.

4. The writ petition is accordingly disposed of. No Costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar msvm To

1. The District Collector, Office of the Collector, Chennai-1.

2. The Tahsildar, Mylapore-Triplicane Taluk, Chennai-28.

+1 cc to Mr.K.Selvaraj Advocate sr 62356 W.P.No.24110 of 2004 skv(co) aa06/10/2017 https://hcservices.ecourts.gov.in/hcservices/