Ellappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 18.09.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY 1.Ellappan 2.Krishnan ... Petitioner Vs.

1. The District Collector Krishangiri District, Krishangiri

2. The Tahsildar Soolagiri Taluk, Krishangiri District ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to issue separate patta for the house constructed by the petitioners by based on the application dated15.3.2023 in Application No.2023/0105/31/449054 in respect of the property comprised in Survey No.71/3B7B situated at Sammanapalli village, Shoolagiri Taluk, Krishnagiri District For Petitioner : Mr.C.Prabakaran For Respondent : Mrs.S.Indhu Bala, AGP 1/6

ORDER

This writ petition has been filed to direct the respondents to issue separate patta for the house constructed by the petitioners in the subject property based on the application dated 15.03.2023.

2. Mrs.S.Indhu Bala, learned Additional Government Pleader, takes notice on behalf of the respondents.

3. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

4. The learned counsel for the petitioner would submit that in this case, the subject property was purchased by his father vide sale deed dated 29.06.1968. Since the said sale deed was in Kannada language, the same was translated into Tamil and a copy was submitted before the respondent along with application dated 15.03.2023 for issuance of separate patta in favour of the petitioner. However, the said application was not at all considered by the respondent. Hence, this petition. 2/6

5. Per contra, the learned Additional Government Pleader appearing for the respondent would submit that the petitioner's application was already rejected by the respondent due to the reason of non-provision of death certificate of his father, legal heir certificate and EC. The said rejection was also communicated to the petitioner vide SMS. Further, she would contend that the patta of the subject property is not standing in the name of petitioner's father. Hence, she requests this Court to pass appropriate orders.

6. In reply, the learned counsel for the petitioner would submit that the subject property was purchased by the petitioner's father, for which, a patta was independently issued in the name of petitioner's father.

7. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondent and also perused the materials available on record.

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8. In the case on hand, the translated sale deed dated 29.06.1968, along with application dated 15.03.2023 for issuance of separate patta in favour of the petitioner, was submitted before the respondent. However, the said application was not at all considered by the respondent till date.

9. On the other hand, according to the respondent, the petitioner's application was already rejected by the respondent due to the reason of non-provision of death certificate of his father, legal heir certificate and EC. The said rejection was intimated to the petitioner vide SMS.

10. In view of the above, since the petitioner's application was already rejected by the respondent, now, this Court directs the petitioner to file a fresh application along with the following documents: i) Death certificate of the petitioner's father; ii) Legal Heir certificate;

iii) Encumbrance certificate of the subject land; iv) Translated copy of sale deed;

v) Patta issued in the name of petitioner's father; 4/6

11. Upon filing of such application along with the aforesaid documents, the respondent shall dispose of the same, on merits and in accordance with law, within a period of 4 weeks from the date of filing.

12. With the above directions, this writ petition is disposed of. No cost.

18.09.2025 Speaking/Non-speaking order Index : Yes / No nsa To

1. The District Collector Krishangiri District, Krishangiri

2. The Tahsildar Soolagiri Taluk, Krishangiri District 5/6

KRISHNAN RAMASAMY.J., nsa 18.09.2025 6/6