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Madras High CourtWP/44208/2025allowed

Uttam Chand Galada v. Chennai Metropolitan Development Authority (Cmda)

2025-11-17Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.49336 of 2025 Uttam Chand Galada S/o.Late T.Baghchand Galada Petitioner Vs 1.Chennai Metropolitan Development Authority (CMDA) Represented by its Chief Executive Officer, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

2.The Tahsildar, Chengalpattu Taluk and District, VOC Nagar, Chengalpattu, Ammanambakkam, Tamil Nadu 603 001. 3.The Revenue Divisional Officer, Chengalpattu Taluk and District, VOC Nagar, Chengalpattu, Ammanambakkam, Tamil Nadu 603 001. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the 1/6

records relating to the proceedings of the third respondent vide Order dated 10.02.2023 bearing Na.Ka.3109/2022/Aa1, quash the same and consequently direct the Tahsildar, Chengalpattu Taluk (second respondent) to issue patta in favour of the petitioner for land in Survey No.534/2, Tirukkachur Village, Chengalpattu Taluk and District. For Petitioner : Mr.Anirudh Krishnan For Respondents : Mr.V.Sudalai Selvan Standing Counsel [R1] Mr.D.Ravichander Special Government Pleader [R2 & R3] *****

ORDER

This writ petition has been filed challenging the proceedings of third respondent dated 10.02.2023 and for a consequential direction to the Tahsildar, Chengalpattu Taluk, to issue patta in the name of the petitioner with respect to the subject property.

2. Heard Mr.Anirudh Krishnan, learned counsel for petitioner, Mr.V.Sudalai Selvan, learned Standing Counsel appearing for first respondent and Mr.D.Ravichander, learned Special Government Pleader appearing for respondents 2 and 3.

3. The case of the petitioner is that the subject property was 2/6

originally included in the notification issued for acquisition of lands in the year 1979 for formation of Maraimalai Nagar Satellite Town. Upon re-consideration, the Government of Tamil Nadu took a decision that the land will not be required for the scheme and accordingly, excluded the same from the acquisition by issuing G.O.Ms.No.497 dated 23.03.1987. Pursuant thereto, the original owners sold the property in favour of the petitioner through a registered sale deed dated 07.03.1988. Thereafter, the petitioner is the absolute owner of the subject property.

4. The Government issued G.O.Ms.No.134 dated 23.04.1998 purportedly to cancel the earlier exclusion of land. This action of the Government came to be challenged before this Court in W.P.No.9531 of 1998. This Court, by an order dated 26.04.2007, quashed the Government Order and came to a conclusion that the lands cannot be included again after it was specifically excluded in the earlier proceedings. The appeal that was filed by the Government also came to be dismissed by the Division Bench of this Court on 14.09.2017. As a result, the subject property completely stood released from the acquisition proceedings.

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5. The petitioner found that the revenue records erroneously reflects CMDA as a patta holder. Hence, the petitioner submitted an appeal before the Revenue Divisional Officer. The Revenue Divisional Officer, through the impugned proceedings dated 10.02.2023, directed the petitioner to obtain a No Objection Certificate from CMDA. Aggrieved by the same, the present writ petition has been filed before this Court.

6. In the considered view of this Court, the land belonging to the petitioner has already been released and it was also reiterated subsequently by this Court. While so, the name of the CMDA cannot be continued to be reflected in the revenue records pertaining to the subject property. When a rectification is sought, there is no question of directing the petitioner to get a No Objection Certificate from the CMDA. Such direction issued by the third respondent clearly reflects non-application of mind.

7. In view of the above, the impugned proceedings of the third respondent dated 10.02.2023 is hereby quashed. There shall be a 4/6

direction to respondents 2 and 3 to issue necessary proceedings by transferring the patta in the name of the petitioner within a period of six

(6) weeks from the date of receipt of a copy of this order. This writ petition is allowed with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 17.11.2025 Index:yes/no Speaking order/Non-speaking order gm To 1.The Chief Executive Officer, Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

2.The Tahsildar, Chengalpattu Taluk and District, VOC Nagar, Chengalpattu, Ammanambakkam, Tamil Nadu 603 001.

3.The Revenue Divisional Officer, Chengalpattu Taluk and District, VOC Nagar, Chengalpattu, Ammanambakkam, Tamil Nadu 603 001.

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N.ANAND VENKATESH, J gm 17.11.2025 6/6