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2025 DAILYLAW 97596 (MAD)

I.RASHIYA v. THE DISTRICT COLLECTOR

WP/33942/2025 · 2025-09-11

Krishnan Ramasamy

Transfer Petitionbody2025

Judgment text

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W.P.No. 33942 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :11.09.2025 Coram The Honourable Mr.Justice Krishnan Ramasamy W.P.No.33942 of 2025 I.RASHIYA ...Petitioner Vs. 1 THE DISTRICT COLLECTOR FOURTH FLOOR, M.SINGARAVELAR MAALIGAI 62 RAJAJI SALAI, CHENNAI COLLECTORATE, CHENNAI-600 001. 2 THE REVENUE DIVISIONAL OFFICER (PERAMBUR-PURASAIWAKKAM TALUK) PERAMBUR TALUK OFFICE M.K.B.NAGAR VYASARPADI CHENNAI-600 039. 3 THE TAHSILDAR (PERAMBUR-PURASAIWAKKAM TALUK) PERAMBUR TALUK OFFICE, M.K.B. NAGAR VYASARPADI, CHENNAI-600 039. 4 THE VILLAGE ADMINISTRATIVE OFFICER (PERAMBUR-PURASAIWAKKAM TALUK) PERAMBUR TALUK OFFICE, M.K.B. NAGAR VYASARPADI, CHENNAI-600 039. ...Respondents 1/7 https://www.mhc.tn.gov.in/judis W.P.No. 33942 of 2025 Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to subdivide the land measuring to the extent of 82.0 Sq.meter situated at Plot No.118, Door No.309, 7th street, 'C' Kalyanapuram, Vyasarpadi Chennai-600 039, bearing R.S.No.678/2Pt, Block No.31, Perambur Village Perambur-Purasaiwakkam Taluk Chennai District in the ownership and possession of the petitioner and subsequently direct the respondents to issue separate patta in favor of the petitioner with respect to the said land. For Petitioner : M/s.C.Ruban Dsilva For Respondents : Mr.P.Ganesan Government Advocate Order Heard M/s.C.Ruban Dsilva, learned counsel appearing for the petitioner and Mr.P.Ganesan, learned Government Advocate, who takes notice on behalf of the respondents. With consent, the main Writ Petition is taken up for final disposal at the stage of admission itself. 2. This Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents to subdivide the land measuring to an extent of 82.0 sq.meter, situated at Plot No.118, Door No.309, 7th street, C' 2/7 https://www.mhc.tn.gov.in/judis W.P.No. 33942 of 2025 Kalyanapuram, Vyasarpadi, Chennai, bearing R.S.No.678/2Pt, Block No.30 Perambur Village, Perambur-Purasaiwakkam Taluk, Chennai District in the ownership and possession of the petitioner and subsequently, to direct the respondents to issue separate patta in favor of the petitioner with respect to the said land. 3. Learned counsel for the petitioner would submit that though the petitioner purchased the property for a valid considerations by way of registered document, the petitioner is not able to make any development over the subject property, since, the revenue records are not in the name of the petitioner, therefore, the petitioner approached the respondents for number of times and made a detailed representation dated 24.03.2025 along with necessary documents and also paid required for transferring the patta in her name, however, as on date, the respondents have not considered the said request made by the petitioner. Therefore, it is contended that unless, the land (morefully described in para No.2 of this order) is subdivided and a separate patta is issued in the name of the petitioner, the petitioner would be put to irreparable loss and hence, prays for appropriate direction. 3/7 https://www.mhc.tn.gov.in/judis W.P.No. 33942 of 2025 4. The learned Government Advocate for respondents would submit that the request made by the petitioner would be considered and appropriate steps would be taken by the respondent-Authority for issuance of patta in the name of the petitioner and seeks a reasonable time for completion of the said exercise. 5. It is an undisputed fact that the petitioner purchased the property, (morefully described above) for a valid consideration and got registered the Sale Deed vide Document No.3375 of 2012 on the file of the Sub-Registrar Office, Purasaiwakkam. Immediately upon, such purchase, it is the duty of the respondents to issue patta in the name of the petitioner based on the information obtained from the Sub-Registrar Office. In fact, the petitioner also paid all required for patta transfer at the time of registration itself and also approached the respondents by making a detailed representation. Thus, in terms of Section 5 of the Tamil Nadu Patta Passbook Act 1983, when it is the bounden duty of the respondents, revenue officials to make necessary entries of registration of alienation or transfer in the patta pass book, it is not known as to what prevented the respondents from transferring the patta in 4/7 https://www.mhc.tn.gov.in/judis W.P.No. 33942 of 2025 the name of the petitioner in respect of the subject property and kept the issue pending for 13 years. 6. In the light aforesaid facts and circumstances of the case, this Court is inclined to dispose of the present Writ Petition with a direction to the respondents to take suitable steps for sub-division of the petitioner's property and issue separate patta in favor of the petitioner within a period of two weeks from the date of receipt of a copy of this order. 7. The Writ Petition is disposed of accordingly. No costs. List the matter on 13.10.2025, For Reporting Compliance of this order. 11.09.2025 sd Index : yes/no Neutral Citation : yes/no Note : Registry to re-notify the matter on 13.10.2025 For Reporting Compliance. 5/7 https://www.mhc.tn.gov.in/judis W.P.No. 33942 of 2025 To 1 THE DISTRICT COLLECTOR FOURTH FLOOR, M.SINGARAVELAR MAALIGAI 62 RAJAJI SALAI, CHENNAI COLLECTORATE, CHENNAI-600 001. 2 THE REVENUE DIVISIONAL OFFICER (PERAMBUR-PURASAIWAKKAM TALUK) PERAMBUR TALUK OFFICE M.K.B.NAGAR VYASARPADI CHENNAI-600 039. 3 THE TAHSILDAR (PERAMBUR-PURASAIWAKKAM TALUK) PERAMBUR TALUK OFFICE, M.K.B. NAGAR VYASARPADI, CHENNAI-600 039. 4 THE VILLAGE ADMINISTRATIVE OFFICER (PERAMBUR-PURASAIWAKKAM TALUK) PERAMBUR TALUK OFFICE, M.K.B. NAGAR VYASARPADI, CHENNAI-600 039. 6/7 https://www.mhc.tn.gov.in/judis W.P.No. 33942 of 2025 Krishnan Ramasamy,J., sd W.P.No.33942 of 2025 11.09.2025 7/7 https://www.mhc.tn.gov.in/judis