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Madras High CourtWP/9581/2025disposed of

Mrs.Malliga v. The Tahsildar

2025-03-25Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Mrs.Malliga W/o.Mohan(late),No.87,Devaraj Nagar,Madambakkam Main Road,Madambakkam 600126 Petitioner Vs

1. The Tahsildar Tambaram Taluk, Tambaram,Chennai 600045 2.R.Veerappan, No.7, College Road, Nungambakkam, Chennai 600 006 3.K.N.Seshachalam, No.7.College Road, Nungambakkam, Chennai 600 006.

4.T.T.Murugesh No.7, College Road, Nungambakkam, Chennai 600006 5.MAGILA D/o.Vittal Naidu, No.22, Venkatesa Chowdry Street, Chennai 600045 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent to 1/6

consider the representation dated 08.07.2024 to issue patta related to the property situated at Agaram Then Village, Tambaram circle, Chengalpattu District in survey no.12/4A total extent in 0.01 1/2 cents, in Survey no.12/4C,total extent in 0.18 1/2 cents in which 0.16 cents in survey no.12/8, total extent in 0.11 cents, in survey no.12/9 total extent 0.06 cents, in survey no.12/10 total extent 0.25 cents, in Survey No.12/11A1 total extent 0.06 cents, in Survey No.12/11B1 total extent 0.07 cents, in survey No.12/11C1 total extent 0.07 cents in Survey No.12/14A total extent 0.06 cents in Survey no.12/14C total extent 0.10 cents in Survey No.12/18 total extent 0.07 cents, altogether totalling 1.02 1/2 acre punjai land in our name within a stipulated time fixed by this court.

For Petitioners : Mr.V.C.Vinoth Kumar For Respondents : Mr.R.P.Murugan Raja Government Advocate [R1] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to deal with the representation made by the petitioner on 08.07.2024 wherein the petitioner has sought for issuance of patta with respect to the subject property.

2. Heard Mr.V.C.Vinoth Kumar, learned counsel for petitioner and Mr.R.P.Murugan Raja, learned Government Advocate appearing for first respondent.

3. The case of the petitioner is that the subject property was purchased by her husband through a registered sale deed dated 2/6

22.11.2011. Subsequently, a rectification deed was also registered on 31.07.2019 and a patta was also issued in the name of the petitioner's husband in Patta No.1029. The further case of the petitioner is that subsequently certain persons created false and fabricated documents and also filed a petition to cancel the patta given in the name of the petitioner's husband before the first respondent. The said petition was dismissed and appeal was filed before the RDO and the same was also dismissed. Thereafter, the matter was taken up before the DRO and that the DRO, without conducting proper enquiry, ordered for cancellation of the patta issued in favour of the petitioner's husband and also directed patta to be issued in favour of one Rajammal through order dated 11.10.2012. The said order came to be challenged before this Court in a batch of writ petitions in W.P.No.7405 of 2015 etc. batch. This Court, by order dated 09.11.2022, quashed the order passed by the DRO dated 11.10.2012.

4. In the light of the above order passed by this Court, representation was made to restore the patta. In the mean time, the petitioner's husband died on 09.08.2023 leaving behind the petitioners and other legal heirs. They submitted a petition on 27.05.2024 seeking for 3/6

transfer of patta in their name. Since the same was not considered, another representation was given on 08.07.2024 and the same also did not evoke any response. It is under these circumstances, the present writ petition came to be filed before this Court.

5. Taking into consideration the facts and circumstances of the case and the materials placed before this Court and also considering the earlier order passed by this Court in W.P.No.7405 of 2015 etc. batch dated 09.11.2022, there shall be a direction to the first respondent to pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs.

25.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 4/6

The Tahsildar Tambaram Taluk, Tambaram, Chennai 600045 N.ANAND VENKATESH, J gm 5/6

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