Madras High CourtWP/31733/2025disposed of

Sandip Dang v. The District Collector

2025-11-28Honourable Mr Justice N. Anand Venkatesh9 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 35574 of 2025 1.Mr.Sandip Dang 2.Mrs.Zenobia Irani Petitioner(s) Vs

1. The District Collector Singaravelan Maaligai, Rajaji Salai Fourth Floor, 62 Beach Road, George Town, Chennai, Tamil Nadu 600 001 2.The District Revenue Officer (DRO) Department Of Land And Estate Amma Maligai, (Formerly Ripon Building) Chennai 600 003 3.The Tahsildar O/o The Tahsildar, Velachery, Velachery (10) Taluk, Chenani (02) District, Seva Nagar 1 st, Soni Nagar, Periyar Nagar Extension, Velachery, Chennai, Tamil Nadu 600 042

2/9 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in connection with the proceedings bearing reference No LE: 7 / 2632/2024 dated 29.07.2025 and quash the same and direct the Respondents herein to issue patta for Plot No 60, (Door No 26), Teachers Colony, Adyar, Chennai having an extent of 2420 Sqft as directed by this Court in W.P. No. 14231 of 2024.

For Petitioner(s):

Mr.V.Prakash Senior Counsel for Mr.K. Sasi Kumar For Respondent(s):

Mr.D.Ravichandar Special Government Pleader for R1 and R3 Mr.Arun Babu Standing Counsel for R2

ORDER

This writ petition has been filed challenging the impugned proceedings of

3/9 the 2 nd respondent dated 29.07.2025 and for a direction to the respondents to issue patta in the name of the petitioners with respect to the subject property in Plot No.60, Teachers Colony, Adyar, Chennai having an extent of 2420 sq. ft. as directed by this Court in W.P.No.14231 of 2024. 2.When this writ petition came up for hearing on 20.11.2025, this Court passed the following order:

Heard Mr.V.Praksah, learned Senior counsel for the petitioner and Mr.D.Ravi Chander, learned Special Government Pleader for respondents 1 and 3 and Mr.Arun Babu, learned counsel for 2 nd respondent.

2.The writ petitioner had earlier filed a writ petition in WP No.14231 of 2024 for a direction to the 3 rd respondent to issue patta in their name with respect to the subject property comprised in Plot No.60. The writ petition was disposed of by an order dated 25.05.2024 and the relevant portions are extracted hereunder:-

5. The petitioners purchased the petition mentioned Plot No.60 vide Sale Deed dated 21.05.2004 from one T.P.S.Sukumaran (Doc.No.1311/2004). The said T.P.S. Sukumranan had inturn purchased the property from one Liza Arunachalam vide Sale Deed dated 27.02.1986. The said Liza Arumugam had inturn purchased

4/9 the property from one J.D. Pannalal vide Sale Deed dated 23.06.1976. It is seen that Plot No.60 is the part of the layout known as "Teachers Colony".

6. I carefully went through the schedule set out in all the 3 Sale Deeds. In all the 3 Sale Deeds, it has been categorically mentioned that the extent of the plot sold measures one ground; of course there is discrepancy in mentioning the Survey Number. But in all the documents, R.S.No. 22/1 has been measured. It is well settled that the discrepancy in the matter of Survey Number will not affect a person's title and what matters is only the four boundaries. It has been consistently held that boundaries will ultimately prevail over. Therefore, the Respondent ought not to go by the discrepancy in the matter of survey number. It is stated that survey has already been conducted. I therefore direct the respondent to issue patta in favour of the petitioner for petition mentioned plot for an extent of 2420 ft, as expeditiously as possible.

3.It is quite apparent from the above order that a positive direction has been issued to the Tahsildar to issue patta in favour of the petitioner for plot No.60 measuring an extent of 2420 Sft. Inspite of such a positive direction issued to the Tahsildar, for reasons best known to the Tahsildar, a communication has been made to the 2 nd respondent and the Tahsildar has sought for a No objection certificate from the 2 nd respondent. Through the impugned communication dated 29.07.2025 issued by the 2 nd respondent to the rd respondent, the 2 nd respondent has refused to grant No objection Certificate.

5/9 In view of the same, the Tahsildar has not issued patta in the name of the petitioner for the subject property.

4.In the considered view of this Court, a positive direction was issued to the 3 rd respondent to issue patta in the name of the petitioner for the subject property. This order passed in WP No.14231 of 2024 dated 25.05.2024 has become final. Hence, the 3 rd respondent has no other option except to comply with this order. The 3 rd respondent cannot attempt to disregard this order by means of a No objection certificate refused to be granted by the 2 nd respondent.

5.Post this writ petition under the caption for Reporting compliance" on 27.11.2025.

3.When the matter was taken up for hearing today, the learned Special Government Pleader produced the proceedings of the District Collector, Chennai dated 26.11.2025. On going through the same, it is seen that the District Collector, Chennai has granted the permission to issue patta in the name of the petitioner and the same has to be followed up by the 3 rd respondent and the patta has to be issued in the name of the petitioner. 4.In the light of the above development, there shall be a direction to the

6/9 rd respondent to issue patta in the name of the petitioner for Plot No.60, Teachers Colony, Adyar, Chennai having an extent of 2420 sq. ft., within a period of two weeks from the date of receipt of copy of this order. 5.This writ petition is disposed of with the above directions. No Costs. Consequently, connected miscellaneous petition is closed. 28-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

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