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2025 DAILYLAW 75395 (MAD)

LOVESY MATHEW v. THE COLLECTOR

WP/25396/2025 · 2025-07-15

Mohammed Shaffiq

Transfer Petitionbody2025

Judgment text

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W.P.No.25396 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.07.2025 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.25396 of 2025 Lovesy Mathew, W/o.Mathew ... Petitioner Vs. 1.The Collector, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai, Tamil Nadu – 600 001. 2.The Tahsildar, Gandhi Main Road, Balaji Nagar, Puzhal, Madhavaram, Chennai – 600 066. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the 2nd respondent to implement the order of the 1st respondent bearing O.Mu.No.J15/E-3256179/2025 dated 09.05.2025 on the light of the petitioner's representation dated 11.04.2025 to issue Patta to her in respect of the land in Survey No.2/4 measuring an extent of 552.50 sq.ft situated at Doctor Ambedkar Street, Kathirvedu, Puzhal, Chennai. 1/6 https://www.mhc.tn.gov.in/judis W.P.No.25396 of 2025 For Petitioner : Mr.J.Janarthanan for Mr.M.Elumalai For Respondents : Mr.P.Sathish Additional Government Pleader ORDER By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 2. The present writ petition is filed praying for a writ of mandamus, to direct the 2nd respondent to issue Patta to the petitioner in respect of the land comprised in Survey No.2/4 measuring an extent of 552.50 sq.ft, situated at Doctor Ambedkar Street, Kathirvedu, Puzhal, Chennai. 3. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the property comprised in S.No.2/4, Plot No.2A, measuring an extent of 552.50 sq.ft, situated at Doctor Ambedkar Street, Kathirvedu, Puzhal, Chennai. The petitioner purchased the subject property from her vendors viz., V.Alagiri, V.Paneerselvam, V.Gunasekaran, V.Rajagopal, A.Kasturi, C.Renuka and V.Ramani by virtue of a Sale Deed dated 15.04.2009 registered as Doc.No.2149 of 2009 on the file of the Sub-Registrar, Ambattur, 2/6 https://www.mhc.tn.gov.in/judis W.P.No.25396 of 2025 North Chennai. It is submitted that as on date the petitioner is in peaceful possession and enjoyment of the subject property. 3.1. It is further submitted by the learned counsel for the petitioner that the petitioner made a representation dated 02.02.2025 before the respondents, requesting to grant patta. Since no action has been taken on that, the petitioner sent a reminder letter to the respondents on 11.04.2025. Upon receiving the same, 1st respondent vide his communication bearing O.Mu.No.J15/E-3256179/2025 dated 09.05.2025, directed the 2nd respondent to conduct an inquiry on the above request. Relevant portion is extracted hereunder:- “brd;id khtl;lk;. khjtuk; tl;lk;. fjph;ntL fpuhkk;. rh;nt vz;/2-4. fpuhk ej;jk; g[yj;jpw;F gl;lh nfhhp jpUkjp/yt[!p khj;a[ vd;gth; kD tug;bgw;wJ/ vdnt. kDjhuh; kDtpd; kPJ chpa eltof;if nkw;bfhs;SkhW kDtpid mryhf ,izj;J mDg;gg;gLfpwJ vd;gij bjhptpj;Jf;bfhs;fpnwd;/” 3.2. No progress is made thereafter by the 2nd respondent so far. Hence, this Writ Petition. 4. At the outset, the learned Additional Government Pleader for the respondents would submit that they would conduct an inquiry and pass appropriate 3/6 https://www.mhc.tn.gov.in/judis W.P.No.25396 of 2025 order, after issuing notice to the petitioner and other interested parties/rival claimants, if any, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner. 5. In view thereof, this Writ Petition stands disposed of with a direction to the respondents to conduct an inquiry and pass appropriate orders on its own merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs. 15.07.2025 Speaking (or) Non Speaking Order Neutral Citation : Yes / No arb To 4/6 https://www.mhc.tn.gov.in/judis W.P.No.25396 of 2025 1.The Collector, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai, Tamil Nadu – 600 001. 2.The Tahsildar, Gandhi Main Road, Balaji Nagar, Puzhal, Madhavaram, Chennai – 600 066. MOHAMMED SHAFFIQ, J. arb 5/6 https://www.mhc.tn.gov.in/judis W.P.No.25396 of 2025 W.P.No.25396 of 2025 15.07.2025 6/6 https://www.mhc.tn.gov.in/judis