Madras High Court
Girija vs The District Collector on 6 November, 2024
Author: S.S.Sundar
Bench: S.S.Sundar
W.A.No.3009 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2024
CORAM
THE HON'BLE Mr. JUSTICE S.S.SUNDAR
AND
THE HON'BLE Ms. JUSTICE R.N.MANJULA
W.A.No.3009 of 2024
1.Girija
2.Shobana .. Appellants
Vs.
1.The District Collector
Chengalpattu District
2.The Zonal Deputy Tahsildar
Madurantakam
Chengalpattu District
3.The Village Administrative Officre
Kallapiranpuram Village
Madurantakam Taluk
Chengalpattu District .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent, against the order
dated 03.06.2024 passed by the learned Single Judge in W.P.No.12170 of 2024.
For Appellants : Mr.S.Jaganathan
For Respondents : Mr.P.Sathish
Additional Government Pleader
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1/5
W.A.No.3009 of 2024
JUDGMENT
(Delivered by S.S.SUNDAR, J.)
This writ appeal is directed against the order of the learned Single Judge
dated 03.06.2024 dismissing the writ petition filed by the appellants for
issuance of a writ of mandamus for a direction to the 2nd and 3rd respondents to
consider their patta application dated 16.02.2024 submitted vide e-seva
application No.2024/0103/35/358755.
2. The brief facts of the case are as under :
The appellants state that they are the joint owners of undivided half-share
towards the entire land to an extent of 70 cents in survey No.53/3B1A and the
land measuring 40 cents in survey No.66/3B1, which they inherited by way of a
settlement deed dated 21.03.2018. It is also their case that the entire property
was jointly settled in favour of their grandfather and the brother of their
grandfather. It appears that both the brothers have settled the property in
favour of their respective granddaughters vide different documents. Though
mutation was effected in favour of the settlees, patta was not mutated in favour
of the appellants. Therefore, the appellants filed W.P.No.12170 of 2024 to
consider their representation for grant of patta. The said writ petition was
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dismissed by the learned Single Judge, merely by recording the fact that a civil
suit is pending between the parties, challenging which, this writ appeal has
been preferred.
3. Heard both sides and perused the materials available on record.
4. It is seen that no individual was impleaded as respondent in the writ
petition. It is to be noted that the revenue officials are not supposed to decide
the question of title. In this case, the suit referred to in the order of the learned
Single Judge is one filed by one K.Balu. It appears that the appellants are
defendants 2 and 3 in the said suit and their mother is the 1 st defendant. It is the
case of the plaintiff viz., K.Balu that he is in possession and enjoyment of the
suit property. It is further stated that the suit property is an ancestral property
of the plaintiff.
5. It is now stated by the learned counsel for the appellants that the said
K.Balu is the son of one Krishnan. The suit filed by K.Balu is for bare
injunction in respect of the entire property. It is his case that the property was
originally possessed by K.Balu's grandmother. Merely because a suit is
pending, the appellants representation for grant of patta, cannot be rejected.
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There must be some semblance of title traceable to revenue records in favour of
a person who challenge the patta being granted.
6. In view of the foregoing reasons, this Court is unable to sustain the
order of the learned Single Judge dismissing the writ petition and this writ
appeal is allowed and the respondents are directed to consider the
representation of the appellants, strictly in accordance with the provisions of
Patta Passbook Act, 1983, by taking note of Section 10 of the Patta Passbook
Act. No costs.
[S.S.S.R.,J.] [R.N.M., J.]
06.11.2024
Internet : Yes
Neutral Citation : Yes/No
gya
To
1.The District Collector
Chengalpattu District
2.The Zonal Deputy Tahsildar
Madurantakam
Chengalpattu District
3.The Village Administrative Officre
Kallapiranpuram Village
Madurantakam Taluk
Chengalpattu District
https://www.mhc.tn.gov.in/judis
S.S.SUNDAR, J.
AND
R.N.MANJULA, J.
gya
06.11.2024
https://www.mhc.tn.gov.in/judis
