S.Vignesh v. The District Collector

In the High Court of Judicature at Madras Dated : 21.12.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.39170 of 2024 1.S.Vignesh 2.Bala Nandhini

...Petitioners

Vs 1.The District Collector Chennai District, Chennai.

2.The Tahsildar, Maduravoyal Taluk, Maduravoyal, Nolambur.

Chennai-37.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 09.9.2024 with regard to issue of patta in favour of the petitioners - Vignesh and the petitioner's wife - Bala Nandhini bearing S.No.67/1, extent 1200 sq.ft., situated at No.8/1 Part, Agathiyar Street, 1st Cross West Kamakotti Nagar, Valasaravakkam, Chennai-87, Valasaravakkam Village, Ambattur Taluk, Chennai District within a time to be stipulated.

For Petitioners :

Mr.R.Chandrasekaran 1/5

For Respondents :

Mr.A.Selvendran, SGP

ORDER

Seeking a direction to the second respondent to consider their representation dated 09.9.2024 for the grant of patta to them in respect of the property bearing S.No.67/1 measuring 1200 sq.ft., situated at No.8/1 Part, Agathiyar Street, 1st Cross West Kamakotti Nagar, Valasaravakkam, Chennai-87, Valasaravakkam Village, Ambattur Taluk, Chennai District, the petitioners are before this Court.

2. Heard the learned counsel for the petitioners and the learned Special Government Pleader accepting notice for the respondents.

3. The case of the petitioners is as follows : (i) The first petitioner acquired the subject property by way of a settlement deed dated 30.12.2013 registered as doc.No.8032 of 2013 on the file of the Sub-Registrar, Virugambakkam executed by his mother - Mrs.R.S.Gomathi in his favour. The petitioner's mother acquired the subject property by way of a sale vide sale deed dated 31.1.2013 registered as doc.No.595 of 2013 on the file of the same Sub-Registrar. In turn, the first petitioner executed a settlement deed dated 11.3.2014 registered as doc.No. 1583 of 2014 on the file of the 2/5

same Sub-Registrar in respect of half of the subject property in favour of the second petitioner, who is none other than his wife. They were in possession and enjoyment of the subject property ever since the date, on which, they acquired it.

(ii) When the petitioners sent the representations dated 18.7.2024 and 09.9.2024 to the second respondent seeking to issue patta in respect of the subject property, no action has been taken on the same. Hence the writ petition.

4. Considering the limited nature of the relief sought, the writ petition is allowed and a Mandamus is issued to the second respondent to consider the latest representation of the petitioners dated 09.9.2024 for the grant of patta with regard to the respective shares held by each of them, on merits and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs.

21.12.2024 Index : Yes (or) No To 1.The District Collector, Chennai District, Chennai.

2.The Tahsildar, Maduravoyal Taluk Maduravoyal, Nolambur, Chennai-37.

3/5

RS 4/5

P.T.ASHA,J RS 21.12.2024 5/5