Loganayaki Vs the District Collector

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents No.1 to 4 to issue patta in respect of the land situated at S.No.357, T.S.No.1/9, Block No.2, Puliyur Village Kodambakkam, bearing door No.79 (old), 66 (new) Periyar Pathai, Choolaimedu-600 009 measuring an extent of 2 grounds and 72 square feet (4872 square feet) in favour of the petitioners within a time frame to be stipulated by this Honourable Court

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For Petitioners : Mr.C.Vidhusan For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R4, R6 to R8

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O R D E R

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This writ petition has been filed for the issue of a writ of mandamus directing respondents 1 to 4 to issue patta in the name of the petitioners with respect to the subject property within the time frame fixed by this Court.

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2.Heard Mr.C.Vidhusan, learned counsel for the petitioners and

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Mr.A.Selvendran, learned Special Government Pleader for R1 to R4, R6 to R8.

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3.The specific case of the petitioners is that the subject property originally belonged to one Govindaswami Naicker by virtue of a grama natham patta that was issued on 21.06.1944. Thereafter, the property was dealt with atleast on four occasions by executing registered sale deeds. Ultimately in the year 1973, the property was purchased by the mother of the 1^st petitioner and grand mother of the 2^nd petitioner and she was possession and enjoyment of the property. She executed a settlement deed in favour of the petitioners dated 08.03.2004 which was registered as Document No.934 of 2004.

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4.The petitioners applied for patta before the Tahsildar and no action was taken on the application since the permanent land records were destroyed.

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5.The petitioners thereafter made several representations to all the authorities. According to the petitioners, wrong entries have been made in the TLSR as if the land is a sarkar poramboke and the usage is marked as “kazhvuneer kalvai”. On the representations made by the petitioners, the Tahsildar submitted a report dated 13.04.2022 to the 3^rd respondent for further action to issue patta in the name of the petitioners. On receipt of the same, the 3^rd respondent who is the RDO conducted a further enquiry and the RDO through communication dated 27.12.2022 addressed to the District Collector sought for the necessity for the change of the classification of the land and the report of the Tahsildar along with the recommendation was placed

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before the 1^st respondent.

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6.The petitioners also obtained no objection certificate from all concerned in order to establish that this subject land was never acquired and no objection certificate was also given stating that it is not a “kazhvuneer kalvai”.

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7.The grievance of the petitioners is that inspite of the report submitted and the no objection certificate issued, the patta was not forthcoming and hence the present writ petition was filed before this Court.

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8.Taking into consideration the facts and circumstances of the case and the materials placed before this Court and the nature of grievance expressed by the petitioners, there shall be a direction to the 1^st respondent to deal with the communication made by the 3^rd respondent viz., the RDO dated 27.12.2022 by taking into consideration the report of the Tahsildar and all the other no objection certificates issued by the other authorities and an order shall be passed on its own merits an in accordance with law within a period of twelve weeks from the date of receipt of copy of the order. The petitioners are directed to make a fresh representation to the 1^st respondent along with all the relevant documents and also a copy of this order.

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9.This writ petition is disposed of with the above directions. No costs.

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W.P.No.3077 of 2025

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20.02.2025 2/2

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Index : Yes/No NCS : Yes/No KP To