S.Janaki, v. The Tahsildar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2024 CORAM :
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.No.31515 of 2019 S.Janaki ... Petitioner Vs.
1.The Tahsildar, Tambaram Taluk, Tambaram, Chennai - 600 045.
2.The Revenue Divisional Officer, Tambaram Revenue Division, Tambaram, Chennai - 600 045.
3.The Assistant Commissioner (Land Reforms), Villupuram.
4.S.Venugopal 5.S.Durai 6.M/s.Ruby Builders and Promoters, Rep by its Partner Mr.R.Manoharan, No.247-B, Velachery main Road, Selaiyur, Chennai - 600 073.
... Respondents Page No. 1 of 7
Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to take appropriate action against the respondents 4 to 6 to secure the property of the petitioner by restoring its boundaries and to make necessary entries in the revenue records in respect of land of an extent of 42 cents comprised in Survey No.21/3B4C situated at Thiruvancherry Village, Mappedu, Tambaram Taluk, Kancheepuram District purchased by the petitioner's husband late S.Seetharaman under sale deed dated 03.12.1990 bearing Document No.34 of 1991 registered on the file of the Sub Registrar, Pallavaram pursuant to the representation of the petitioner dated 31.07.2019. For Petitioner : Mr.K.Venkatachalam For Respondent : M/s.M.Jayanthy Additional Government Pleader for R1 to R3 No Appearance for R4 to R6 Page No. 2 of 7
ORDER
This Writ Petition has been filed seeking for issuance of a mandamus, to direct the respondents 1 to 3 to take appropriate action against the respondents 4 to 6 to secure the property of the petitioner by restoring its boundaries and to make necessary entries in the revenue records in respect of land of an extent of 42 cents comprised in Survey No.21/3B4C situated at Thiruvancherry Village, Mappedu, Tambaram Taluk, Kancheepuram District purchased by the petitioner's husband late S.Seetharaman under sale deed dated 03.12.1990 bearing Document No.34 of 1991 registered on the file of the Sub Registrar, Pallavaram pursuant to the representation of the petitioner dated 31.07.2019.
2. The case of the petitioner is that the petitioner's husband was the absolute owner of an extent of 42 cents of vacant land comprised in Survey No.21/3, Sub Division No.21/3B4 as per Patta Survey No.21/3B4C situated in Thiruvancherry Village, Mappedu, Tambaram Taluk, Kancheepuram District under the sale deed dated 03.12.1990 bearing Document No.34 of 1991 on the file of the Sub Registrar, Pallavaram. The petitioner's husband died intestate on 15.06.2018 leaving behind the petitioner as the only legal heirs. During the life time of the petitioner's husband, he had applied for issuance of patta and the Page No. 3 of 7
same was issued by the Tahsildar, Tambaram in the year 2003 under the patta No.211. The land was purchased by the petitioner's husband which is a part of larger extent of 4.00 acres of land comprised in the above survey number and the said land was enjoyed by one T.N.Vittalnatha Naidu. Thereafter, the petitioner had made an representation to the second respondent dated 31.07.2019 to take appropriate action against the respondents 4 to 6 to secure the petitioner's property by restoring the boundaries and also to make necessary entries in the revenue records. The official respondents have not taken action on the representation of the petitioner, hence the writ petition.
3. The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that necessary action will be taken based on the representation given by the petitioner.
4. Considering the above facts, this Court directs the first respondent/ Tahsildar, Tambaram Taluk, Tambaram, Chennai to consider the representation dated 31.07.2019 of the petitioner, after giving notice to both parties and opportunity of personal hearing, to consider the documents submitted by both parties, on merits and in accordance with law and pass appropriate orders by Page No. 4 of 7
observing the principles of natural justice, within a period of eight weeks from the date of receipt of a copy of this order.
5. This Writ Petition is disposed of with the above observations and directions. No costs. Consequently, connected writ miscellaneous petition is closed.
12.07.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order jas Page No. 5 of 7
To 1.The Tahsildar, Tambaram Taluk, Tambaram, Chennai - 600 045.
2.The Revenue Divisional Officer, Tambaram Revenue Division, Tambaram, Chennai - 600 045.
3.The Assistant Commissioner (Land Reforms), Villupuram.
Page No. 6 of 7
J.SATHYA NARAYANA PRASAD, J.
jas and W.M.P.No.31515 of 2019 12.07.2024 Page No. 7 of 7