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2025 DAILYLAW 8817 (MAD)

A T ILAVARASI @ NIRMALA NARAYANAN v. THE DISTRICT COLLECTOR

WP/46163/2025 · 2026-07-13

Krishnan Ramasamy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.46163 of 2025 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.46163 of 2025 1.Mrs.A.T.Illavarasi @ Nirmala Narayanan D/o. A.T.Thiyagasundaram, Residing at No.1/34, Valleesvaran Kovil Street Manapakkam, Kancheepuram, Kancheepuram District, Tamil Nadu, Pincode – 600 125. 2.Mrs.Vijayalakshmi, W/o. A.T.Manivanan, Residing at No.51, Vigeshwara Nagar, Nethaji Street, Gerugambakkam, Kancheepuram District, Tamil Nadu, Pincode – 600 122. 3.Mrs.Umamaheshwari, W/o. A.T.Om Prakash, Residing at No.9, Ramakrish Iyer Street, Pammal, Kancheepuram District, Tamil Nadu, Pincode – 600 075. 4.Sivaprakasam Rajabathar S/o. Rajabathar, Residing at 18/14, Eratti Pilliyar Koil Street, Pammal, Kancheepuram, Kancheepuram District, Tamil Nadu, Pincode – 600 075. ..Petitioners Vs. 1.The District Collector, Chengalpattu District, Chengalpattu Collectorate Office. 2.The District Revenue Officer, Chengalpattu District, Chengalpattu Collectorate Office. https://www.mhc.tn.gov.in/judis W.P.No.46163 of 2025 __________ Page2 of 6 3.The Tahsildar, Thiruporur Taluk Office, Chengalpattu District. ...Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 3rd Respondent to consider the Representation dated 22.10.2025 and to grant NOC in respect to S.Nos.41/102, 41/103 & 41/104 and new S.No.41/3 in Karunguzhipallam Village and forthwith change the characteristics of land from Annadeenam land / Kazhuveli Government Poromboke in the name of Petitioners within such time frame as fixed by this Court. For Petitioners : Mr.R.Suryanarayanan For Respondents : Mr.B.Pachaiyappan, Government Counsel ORDER With the consent of both sides, this Writ Petition is taken up for final disposal. 2. The relief sought in this Writ Petition is to direct the 3rd Respondent to consider the Petitioners’ Representation dated 22.10.2025 and to grant NOC in respect of the lands measuring an extent of 1.95 Acres comprised in Survey Nos.41/102, 41/103 & 41/104 and New Survey No.41/3 situated at Karunguzhipallam Village (hereinafter referred to as “subject property”) and forthwith, change the characteristics of land from Annadeenam Land / https://www.mhc.tn.gov.in/judis W.P.No.46163 of 2025 __________ Page3 of 6 Kazhuveli Government Poromboke to the name of Petitioners, within a time frame to be fixed by this Court. 3. The case of the Petitioners is that their maternal grandfather viz., Late Mr.M.Krishnaswamy was an Ex-Service man who had served in Indian Army from 1941 to 1945. Considering his distinguished service, the Government vide Proceedings bearing R.C.15/80 B.2 dated 20.09.1970, allotted him a land measuring an extent of 3 Acres comprised in Survey Nos.41/102, 41/103 & 41/104 New Survey No.41/3 situated at Karunguzhipallam Village. Thereafter, the Petitioners’ grandfather had executed a Will dated 01.12.1978 in favour of his three daughters viz., Mrs.Neelavathi (Petitioners’ mother), Mrs.Sulochana and Mrs.Lalitha. The said Will was registered as Document No.17/1978 on the file of District Registrar Office, North Chennai. Out of the total extent of 3 Acres land assigned to Petitioners’ grandfather, by way of Will dated 01.12.1978, Petitioners’ grandfather had bequeathed 1.95 Acres in favour of Mrs.Neelavathi (Petitioners’ mother), 1 Acre in favour of Mrs.Sulochana and 5 Cents in favour of Mrs.Lalitha. The Petitioners’ grandfather had died on 06.10.1980 and Petitioners’ mother had died on 31.07.2002. 4. Now, Petitioners have been in possession and enjoyment of the subject property. While so, in order to divide the subject property into four equal shares, Petitioners have executed four separate Settlement Deeds between their https://www.mhc.tn.gov.in/judis W.P.No.46163 of 2025 __________ Page4 of 6 family members and presented the same for registration before the Sub Registrar, Thiruporur. However, the Sub Registrar, Thiruporur vide four Refusal Check Slips dated 17.10.2025, refused to register the Settlement Deeds presented by the Petitioners by stating that as per the Order dated 06.07.2021 bearing Na.Ka.No.40410/2022 issued by the District Collector, Chengalpattu, the subject property has been categorized as Annadeenam Land / Kazhuveli Government Poromboke and hence, Petitioners have to obtain No Objection Certificate from the 3rd Respondent to proceed further. Therefore, Petitioners submitted a Representation dated 22.10.2025 before the 3rd Respondent, requesting to issue No Objection Certificate in respect of subject property and forthwith, change the characteristics of land from Annadeenam Land / Kazhuveli Government Poromboke to their names. That apart, Petitioners have approached the Respondents 1 & 2 in this regard. However, till date, the Respondents have not considered the Petitioners’ request. Hence, left with no other alternative, Petitioners have filed the present Writ Petition. 5. Heard the learned counsel on either side and perused the materials available on record. 6. Considering the limited prayer sought by the Petitioners, this Court, without going into the merits of the case, directs the 2nd Respondent to consider the Petitioners’ Representation dated 22.10.2025, if not considered earlier and https://www.mhc.tn.gov.in/judis W.P.No.46163 of 2025 __________ Page5 of 6 pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after issuing a notice affording an opportunity of personal hearing to the Petitioners. 7. This Writ Petition is disposed of with the above direction. No costs. 13-07-2026 mrr To 1.The District Collector, Chengalpattu District, Chengalpattu Collectorate Office. 2.The District Revenue Officer, Chengalpattu District, Chengalpattu Collectorate Office. 3.The Tahsildar, Thiruporur Taluk Office, Chengalpattu District. https://www.mhc.tn.gov.in/judis W.P.No.46163 of 2025 __________ Page6 of 6 KRISHNAN RAMASAMY, J. mrr W.P.No.46163 of 2025 13-07-2026 https://www.mhc.tn.gov.in/judis