Single judge dismissed the writ petition seeking grant of patta. The court held that due to encroachment on the property, the petitioner must first file a suit to establish title. Only based on a Civil Court decree can the authority mutate records.
The writ petition was dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP.No.19484 of 2024
IN THE HIG H COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
W.P.No.19484 of 2024
N.Thahera .. Petitioner
Versus
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the fourth respondent to dispose the petitioner’s representation dated 07.08.2023 and online application dated 09.05.2024 and grant patta in favour of the petitioner in respect of the petitioner’s property situated at Door No.101/140 an extent of 4300 sq.ft. comprised in Survey No.10/1, Puliyur Village, Egmore Taluk, Chennai.
For Petitioner : Mr.M.Saravanakumar
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For Respondents : Mr.A.Selvendran Special Government Pleader
ORDER
With the consent of both sides, this Writ Petition is taken up for final
disposal at the admission stage itself.
Survey No.10/1, Puliyur Village, Egmore Taluk, Chennai.
to his son viz., the husband of the petitioner herein. The grievance of the petitioner is that though she has given a representation and an online application https://www.mhc.tn.gov.in/judis
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to the respondents to mutate the records in name of the petitioner, the same has
not been considered by the respondents till date. Hence, the present Writ Petition.
22.07.2024
vrc
Index :Yes/No Internet :Yes/No Neutral Citation : Yes/No
To,
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N. SATHISH KUMAR, J.
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W.P.No.19484 of 2024
22.07.2024
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2 issues framed by the court
Whether the revenue authority can be directed to grant patta or mutate records in the petitioner's name when the subject property is under encroachment?
Can a writ of mandamus issue directing the disposal of a representation to grant patta before the title is adjudicated by a Civil Court decree?
1 provisions across 1 enactments
N. Thahera
The District Collector
The District Revenue Officer
The Revenue Divisional Officer
The Tahsildar
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
