RAJALAKSHMI Vs. TAHSILDAR MYLAPORE-TRIPLICANE TALUK CHWNNAI

JUDGEMENT

(1.) THIS writ petition is filed against the order of the first respondent dated 08. 07. 2007 under which the first respondent, Tahsildar has rejected the application made by the petitioners to grant joint patta in their name in respect of property comprised in Block No. M-10, Survey No. 30/1 part and situate in L. B. Road, Thiruvanmiyur, Chennai.

(2.) WHILE rejecting the claim of joint patta, the first respondent, the Tahsildar, under the impugned order has decided as if the petitioners are entitled to use the portions which are levelled out for common purpose and therefore they are not given any right over the suit property for which also the claim of joint patta made. In view of the above said decision, the Tahsildar has rejected the issue of joint patta on the basis that it is to be used by the petitioners jointly.

(3.) THE facts leading to this case are as follows; originally the properties belonging to Housing Board and consequently nearly 92 persons have purchased the property and the Housing Board has executed the necessary documents in favour of the occupants including the petitioners in respect of portion in Block No. M-10, Survey No. 30/1 part and situate in L. B. Road, Thiruvanmiyur, Chennai. The entire extent of the properties comprised in M-10 is 1119. 20 sq. mts as it is seen from the orientation sketch issued by the Housing Board. Therefore, by virtue of the above said sale deed executed by the Housing Board, who was the erstwhile owners, the petitioners have become joint owners of the property and the same are confirmed by the orientation sketch prepared by the Housing Board itself. However, in these circumstance, based on the sale deed, when the petitioners have approached the first respondent for issuance of joint patta in their name, the first respondent has chosen to pass the said impugned order.