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Madras High CourtWP/33641/2025dismissed

J.Varalakshmi v. The Chairman

2025-10-13Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN J.Varalakshmi ... Petitioner -Vs1. The Chairman, Tamil Nadu Slum Clearance Board, No. 5, Kamaraj Salai, Chennai -600 005.

2. The Estate Officer, Tamil Nadu Slum Clearance Board, T.P.Chattiram, Chennai -600 010.

3. The Tahsildar, Aminjikarai Taluk, Chennai District.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent to issue the patta in the name of the Petitioner and her sons namely Rakesh and Sivakumar/Legal heirs of the said C.Jayaraman, based on the Sale deed in Doc No.3893/1992 registered in SRO Kodambakkam on 10.08.1992 and judgment and decree passed by the Civil Court in O.S.No. 3383/2010 dated 30.11.2010.

For Petitioner : Mr.K.Karthikeyan For R1 and R2 : Mr.S.Karthikeyan, Standing Counsel For R3 : Mr.D.Ravichander Special Government Pleader

ORDER

This writ petition has been filed for direction directing the third respondent to issue patta in the name of the Petitioner and her sons namely Rakesh and Sivakumar/Legal heirs of the said C.Jayaraman, on the strength of the Sale deed vide Document No.3893/1992 in respect of the property comprised in S.No.108, T.S.No.10/3 Block No.12 to a total extent of 566.2 sq.ft.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner's husband had purchased the subject property from one N.S.Pandurangan by the registered sale deed dated 10.08.1992 vide Document No.3893/1992. A perusal of the sale deed revealed that the petitioner's vendor had absolutely no title over the property, since when the subject land was allotted in his favour, no sale deed was registered in his favour. Even according to the petitioner's vendor, he had put up a hut in the subject land, which was

allegedly sold in his favour and subsequently, sold in favour of the petitioner's husband. The petitioner's vendor did not even produce any allotment order and did not even mention any allotment order or sale deed.

4. On instructions, the learned Special Government Pleader appearing for the third respondent submitted that so far, the petitioner's vendor was not allotted any subject property and no sale deed has been executed in his favour. When the petitioner's vendor had no title over the property, the sale deed executed by his vendor in favour of the petitioner's husband is not a valid one. Therefore, on the strength of an invalid sale deed no patta can be issued in favour of the petitioner.

5. In view of the above, the direction sought for in this writ petition cannot be considered and the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. No costs. 13.10.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Chairman, Tamil Nadu Slum Clearance Board, No. 5, Kamaraj Salai, Chennai -600 005.

2. The Estate Officer, Tamil Nadu Slum Clearance Board, T.P.Chattiram, Chennai -600 010.

3. The Tahsildar, Aminjikarai Taluk, Chennai District.

13.10.2025