Allowed

Farakath Mohammed Fathima v. The District Collector

Madras HC30 Oct 2024WP(MD)/26122/2024

Case brief

AI extract

What is this about?

This writ petition sought a mandamus directing the 2nd and 3rd respondents to issue a fresh Transfer of Land in a Right (TSLR) certificate in the petitioners' name regarding a specific property, removing the names of others, by considering their recent representations before the Court.

What did the court decide?

Direction to the 2nd and 3rd respondents to consider the petitioners' representations of dated 23.08.2024 and 10.10.2024 and pass orders within three months.

Farakath Mohammed Fathima Vs The District Collector — Property and Title | Madras HC (2024)

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W.P.(MD) No.26122 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 30.10.2024

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CORAM:

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THE HONOURABLE MS.JUSTICE P.T.ASHA

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W.P.(MD) No.26122 of 2024

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1.Farakath Mohammed Fathima

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2.Kaja Mohidden

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3.Izzath Mohammed Beevi

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4.Tajdeen

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5.Yusuf Zulaika

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6.Mohammed Jameela

7.S.M.Syed Mohammed

8.Meherunisha

.. Petitioners

(All are represented by their power agent, Seenipandi)

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Vs.

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1.The District Collector, Tirunelveli District.

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2.The Revenue Divisional Officer, Tirunelveli Division, Tirunelveli District.

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_________Page 1 of 7

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.26122 of 2024

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3.The Tahsildar, Palayamkottai Taluk, Tirunelveli District.

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4.The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Salai, Koyambedu, Chennai-600 107.

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5.The Executive Engineer and Administrative Officer, Tirunelveli Housing Unit, 17D, C Colony Perumalpuram, Tirunelveli-627 007. .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the 2^nd and 3^rd respondents to issue a fresh TSLR in the name of the petitioners by removing others name in respect of the property in Survey No.555/3 T.S.Ward BP, Block 10 and T.S.No.12/1B measuring an extend of 67 cents situated at Kulavanigapuram, Palaymkottai Taluk, Tirunelveli by considering the petitioner's representation, dated 28.08.2024 and 10.10.2024 within stipulated time fixed by this Hon'ble Court.

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For Petitioners : Mr.S.Ramasamy

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For R1 - R3 : Mr.B.Saravanan Additional Government Pleader

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https://www.mhc.tn.gov.in/judis

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_________Page 2 of 7

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W.P.(MD) No.26122 of 2024

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For R4 & R5 : Mr.S.Velmurugan Standing Counsel

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ORDER

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This writ petition is filed for a mandamus to the 2^nd and 3^rd respondents to issue a fresh TSLR in the name of the petitioners by removing others name in respect of the property in Survey No.555/3 T.S.Ward BP, Block 10 and T.S.No.12/1B measuring an extend of 67 cents situated at Kulavanigapuram, Palaymkottai Taluk, Tirunelveli by considering the petitioner's representation, dated 28.08.2024

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The petition mentioned property was originally belonged to the petitioners' grandfather. On his demise, the same was allotted to the petitioners' mother by judgment in O.S.No.25 of 1972 dated 28.09.1984. During the lifetime of the petitioners' mother, the 4^th respondent had taken steps to acquire the said property for the use of Tamil Nadu Housing Board. By the orders in W.P(MD)No.13620 of 1998 and 27517 of 2013, dated 19.06.1998 and 10.03.2015 respectively, the acquisition proceedings were set aside. The petitioners' mother had died on

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_________Page 3 of 7

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.26122 of 2024

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03.09.2022 leaving behind the petitioners. Thereafter, the petitioners came to know that some other persons' names were included in TSLR who are no way connected with the said property.

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Hence, the petitioners executed a power of attorney for getting no objection from the 4^th respondent and for mutating the revenue records in the name of the petitioners. Thereafter, the power of attorney was enquired before the 3^rd respondent and instructed to get No Objection from the 4^th respondent for the mutation of TSLR. The power of attorney made a representations to the 4^th and 5^th respondents in this regard. Since no action has been taken on the side of the respondents, the petitioners filed W.P(MD)No.20001 of 2023 seeking direction as against the 4^th and 5^th respondents to issue No Objection Certificate. The said writ petition was disposed directing the 4^th and 5^th respondents to pass appropriate orders within 12 weeks. Pursuant to the same, the 4^th and 5^th respondents considered the petitioners' application and passed an order stating that in case of lands for which acquisition proceedings were quashed, the request of the patta transfer can be considered. On receipt of the above

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.26122 of 2024

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communication, the petitioners made an applications on 23.08.2024 and 10.10.2024 before the 3^rd and 2^nd respondents respectively. Since no further action has been taken on the side of the respondents, the petitioner is before this Court.

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Heard the learned counsel on either side.

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Considering the request of the petitioners, a mandamus is issued

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to the respondents 2 and 3 to consider the representations of the petitioners, dated 23.08.2024 and 10.10.2024 and pass orders within a period of three (3) months from the date of receipt of copy of this order.

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With the above directions, this Writ Petition stands allowed. No

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costs.

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30.10.2024

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NCC : Yes/No Index : Yes/No Internet : Yes gbg

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_________Page 5 of 7

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.26122 of 2024

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1.The District Collector, Tirunelveli District.

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2.The Revenue Divisional Officer, Tirunelveli Division, Tirunelveli District.

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3.The Tahsildar, Palayamkottai Taluk, Tirunelveli District.

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4.The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Salai, Koyambedu, Chennai-600 107.

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5.The Executive Engineer and Administrative Officer, Tirunelveli Housing Unit, 17D, C Colony Perumalpuram, Tirunelveli-627 007.

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https://www.mhc.tn.gov.in/judis

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_________Page 6 of 7

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W.P.(MD) No.26122 of 2024

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P.T.ASHA, J.

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gbg

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W.P.(MD) No.26122 of 2024

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30.10.2024

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https://www.mhc.tn.gov.in/judis

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_________Page 7 of 7

Farakath Mohammed Fathima v. The District Collector

Case brief

What is this about?

What did the court decide?

Farakath Mohammed Fathima v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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