S.A.Geethalakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2021 C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.34394 of 2017 S.A.Geetha Lakshmi

...Petitioner

Vs 1.The District Collector, Singravellan Maligai, Chennai - 600 001.

2.The Thasildhar, Perambur Taluk, Chennai - 600 011.

3.The Sub-Registrar, Sub Registrar Office Konnur, Chennai - 600 049.

4.C.Elumalai 5.E.Chitra Manalan 6.N.Sisubalan ... Respondents Prayer Writ Petition filed under Section 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus, directing the 2nd respondent to issue the ratify patta to the petitioner plot based upon the representation dated 23.10.2017. For Petitioner : Mr.R.Ravindraram For Respondents: Mr.M.Shahjahan Special Government Pleader for R1 to R3

ORDER

This Writ Petition has been filed, praying to issue a Writ of Mandamus, to direct the 2nd respondent to issue the ratify patta to the petitioner plot based upon the representation dated 23.10.2017.

2. The case of the petitioner is that she was purchased a plot on 23.07.2004, in Survey No.2, measuring 2400 sq.ft., from the 6th respondent and duly registered by the 3rd respondent. On 02.12.2013, shockingly her southern side land was encroached by the 4th & 5th respondents. Hence, the petitioner made a representation on 02.12.2013 and the 2nd respondent issued a patta stating as 92.5 sq.mtr instead of 384.62 sq.mtr which is equal to 2400 sq.ft. The petitioner also filed Civil Suits, which are also pending. Again, she made a representation dated 23.10.2017 to the 2nd respondent, same is also pending without any consideration, till date. Aggrieved over the same, the petitioner is before this Court.

3. Mr.M.Shahjahan, learned Special Government Pleader, appearing for the respondents 1 to 3 would submit that the petitioner has to produce all the relevant documents to establish her ownership of the land to an extent of 2400 sq.ft. In such an event, the same will be considered and patta will be issued afresh after making all the necessary corrections.

4. In view of the above submissions, as the patta already issued by the 2nd respondent is shown that the petitioner is entitled only for 92.5 sq.mtr, whereas, according to the petitioner, she is entitled for 384.62 sq.mtr. Therefore, she has given a representation on 23.10.2017, which is not considered by the 2nd respondent.

5. Under these circumstances, this Court is of the view that the respondents can very well verify the sale deed, title deeds and patta issued to vendor of the petitioner, and in which case after verification, if any correction needs to be made as requested by the petitioner, the respondents can consider the request of the petitioner and issue the fresh patta until the outcome of the Civil Suit. Thus, this Court directs the petitioner to produce the sale deed and all other relevant documents to prove her ownership to an extent of 384.62 sq.mtr., and in such an event, the second respondent is directed to consider the request of the petitioner and carry out the corrections and issue a fresh patta to the petitioner, within a

period of four weeks from the date of production of sale deed and all the relevant documents by the petitioner.

6. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar Pns To 1.The District Collector, Singravellan Maligai, Chennai - 600 001.

2.The Thasildhar, Perambur Taluk, Chennai - 600 011.

3.The Sub-Registrar, Sub Registrar Office Konnur, Chennai - 600 049.

+2ccs to Mr.R.Ravindraram, Advocate SR.No.67767 +1cc to Government Pleader SR.No.67940 W.P.No.34394 of 2017 KSM(CO) GMY(10/01/2022)