Madras High Court
Sp.Saraswathi vs The Tahsildar on 18 April, 2022
W.P. Nos.7919, 7921 & 7923 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2022
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P.Nos.7919, 7921 & 7923 of 2022
and
W.M.P.Nos.7921 & 7922 of 2022
SP.Saraswathi ... Petitioner in W.P.No.7919 of 2022
1. Mr.SP.Surendranath Karthik
2. Mrs.S.Anjana devi ... Petitioners in W.P.No.7921 of 2022
1. Mr.R.Sivakumar
2. Mrs.S.Keerthi ...Petitioners in W.P.No.7923 of 2022
Vs.
1. The Tahsildar,
Sholinganallur Taluk,
1st Cross Street, New Kumaran Nagar,
Sholinganallur, Chennai.
2. The Commissioner,
Commissionerate of Urban Land Ceiling & Tax Department
Chepauk, Chennai-600 005.
... Respondents in all W.P's
Prayer in W.P.No.7919 of 2022: Writ Petition filed under Article 226 of the
Constitution of India for issuance of a Writ of Mandamus, directing the 1st
respondent to grant Patta in the name of the petitioner with respect to their
property bearing Plot No.9, Lake view 2nd street, Ayyapa Nagar,
https://www.mhc.tn.gov.in/judis
W.P. Nos.7919, 7921 & 7923 of 2022
Madipakkam, Chennai 600 091, measuring 2400 sq.ft in sanctioned layout
bearing D.T.P No.183/73 comprised in Survey No.174/2, (Patta No.420)
abutting Lake View 2nd street (formerly Murugesa Naicker Road), 154,
Madipakkam Village, Sholinganallur Taluk, (formerly Saidapet Taluk),
Kancheepuram District, (Formerly Madras) currently within the limits of
Corporation of Chennai, Zone 14, without insisting on a No Objection
Certificate from the 2nd respondent in accordance with the Judgment of this
Court in W.P.Nos.2856 to 2859 of 2014 as confirmed by the Judgment in
W.A.Nos.975 to 978 of 2015.
Prayer in W.P.No.7921 of 2022: Writ Petitions filed under Article 226 of
the Constitution of India for issuance of a Writ of Mandamus, directing the
1st respondent to grant Patta in the name of the petitioners with respect to
their property bearing Plot No.8, Lake view 2nd street, Ayyapa Nagar,
Madipakkam, Chennai 600 091, measuring 2400 sq.ft in sanctioned layout
bearing D.T.P No.183/73 comprised in Survey No.174/2, (Patta No.3484)
abutting Lake View 2nd street (formerly Murugesa Naicker Road), 154,
Madipakkam Village, Sholinganallur Taluk, (formerly Saidapet Taluk),
Kancheepuram District, currently within the limits of Corporation of
Chennai, Zone 14, without insisting on a No Objection Certificate from the
2nd respondent in accordance with the Judgment of this Court in
W.P.Nos.2856 to 2859 of 2014 as confirmed by the Judgment in
W.A.Nos.975 to 978 of 2015.
Prayer in W.P.No.7923 of 2022: Writ Petitions filed under Article 226 of
the Constitution of India for issuance of a Writ of Mandamus, directing the
1st respondent to grant Patta in the name of the petitioners with respect to
their property comprised in Survey No.174/2 Part, Patta No.3094, as per
https://www.mhc.tn.gov.in/judis
W.P. Nos.7919, 7921 & 7923 of 2022
Patta S.No.174/2A1B, bearing Plot No.1, measuring 2560 sq.ft. Situated at
Madipakkam Village, Old Door No.142, New Door No.5/841, Lake View 2 nd
Street, Ayyapa Nagar, Madipakka, Chennai-600 091, in a sanctioned layout
bearing D.T.P.No.183/73, 154 Madipakkam Village, Sholinganallur Taluk,
(formerly Saidapet Taluk), Kancheepuram District, currently within the
limits of Corporation of Chennai, Zone 14, without insisting on a No
Objection Certificate from the 2nd respondent in accordance with the
Judgment of this Court in W.P.Nos.2856 to 2859 of 2014 as confirmed by
the Judgment in W.A.Nos.975 to 978 of 2015.
In all W.P's
For Petitioners : Mr.T.Gowthaman
For Respondents : Mr.R.P.Murugan Raja,
Government Advocate
COMMON O R D E R
These Writ Petitions have been filed seeking for issuance of a Writ
of Mandamus, directing the 1st respondent to grant Patta in the name of the
petitioners for their respective properties.
2. Today, when the matter is taken up for hearing, the learned
counsel for the petitioners submitted that this Court by order dated
04.04.2022, issued direction to the 1st respondent/Tahsildar to issue Patta in
the name of the petitioners, if it is otherwise in order, pursuant to the same,
the Tahsildar issued Patta in favour of the petitioners. Wherein for the
petitioner in W.P.No.7919 of 2022, Patta has been issued for her property
https://www.mhc.tn.gov.in/judis
W.P. Nos.7919, 7921 & 7923 of 2022
only to an extent of 400 sq.ft out of 2400 sq.ft. Therefore, it would suffice if
this Court issues direction to the 1st respondent to issue Patta for the
remaining extent of 2000 sq.ft of the petitioner's property within the time
frame as fixed by this Court.
3. The learned Government Advocate appearing for the
respondents submitted that complying the order of this Court dated
04.04.2022, after conducting adjudication, Patta has been issued in favour of
the petitioners by the 1st respondent/Tahsildar. Insofar as the contention of
the petitioner in W.P.No.7919 of 2022 that, Patta has been only issued to an
extent of 400 sq.ft out of 2400 sq.ft, the same would be considered by the
respondents and appropriate orders will be passed on the same.
4. In view of the submission made by the learned Government
Advocate that, complying the order of this Court, the application of the
petitioners in W.P.Nos.7921 & 7923 of 2022 were considered by the
Tahsildar and Patta has been issued to that effect. Therefore, no further
orders are necessary in both the Writ Petitions. Accordingly, the
aforementioned petitions are closed. No Costs. Consequently, connected
Miscellaneous Petitions are closed.
https://www.mhc.tn.gov.in/judis
W.P. Nos.7919, 7921 & 7923 of 2022
5. However, insofar as W.P.No.7919 of 2022 is concerned, it is the
stand of the petitioner that, Patta has not been granted for the remaining
extent of the petitioner's property to the extent of 2000 sq.ft. Accordingly,
the 1st respondent is directed to consider the petitioner's application once
again and pass orders on the same in accordance with law and communicate
the order to the petitioner within a period of two weeks from the date of
receipt of a copy of this order. This Writ Petition is disposed of accordingly.
No Costs.
18.04.2022
Index : Yes / No
Speaking order : Yes/ No
anu
To
1. The Tahsildar,
Sholinganallur Taluk,
1st Cross Street, New Kumaran Nagar,
Sholinganallur, Chennai.
2. The Commissioner,
Commissionerate of Urban Land Ceiling & Tax Department
Chepauk, Chennai-600 005.
https://www.mhc.tn.gov.in/judis
W.P. Nos.7919, 7921 & 7923 of 2022
M.DHANDAPANI, J.
anu
W.P.Nos.7919, 7921 & 7923 of 2022
18.04.2022
https://www.mhc.tn.gov.in/judis
