S.Elumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.2598 of 2025 S.Elumalai ..Petitioner Vs.

1. The District Collector, District Collectorate, Thiruvannamalai.

2. The District Revenue Officer, Office of the District Revenue Officer, Thiruvannamalai.

3. The Tahsildar, Polur Taluk,

4. Kanna Pillai @ Nalla Pillai ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 25.06.2024 and to restore the patta for the lands comprised in S.Nos.296/2 and 296/3 of Koodalur Village, Polur Taluk, 1/5

For Petitioner : Mr.T. Sai Krishnan For Respondent : Mr.A.Selvendran Special Government Pleader for R1 to R3

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the 3rd respondent to consider the representation made by the petitioner on 25.06.2024 wherein the petitioner has sought for restoration of patta in his name with respect to the property situated at Survey Nos.296/2 and 296/3 at Koodalur Village, Polur Taluk, Thiruvannamalai District. 2.

Heard Mr.T. Sai Krishnan, learned counsel for the petitioner and Mr.A.Selvendran, learned Special Government Pleader for Respondents 1 to 3. 3.

The main grievance that has been expressed by the learned counsel for the petitioner is that originally the patta with respect to Survey Nos.296/2 and 296/3 stood in his name in Patta No.65. This was a manual patta that was issued in the year 1984. However, subsequently when the computerized patta was given, Survey Nos.296/2 and 296/3 is now shown to be a "Sathurakinaru" 2/5

and "Big tank" respectively effective from 14.10.2014 and 08.11.2001. The learned counsel for the petitioner submitted that before such change was effected, there was no notice to the petitioner and the petitioner was not even called for an enquiry and straight away the subject property has been so categorized.

4.

In this regard, the petitioner has given a representation dated 25.06.2024 before the 3rd respondent and since the same was not considered, the present writ petition has been filed before this Court. 5.

The learned Special Government Pleader appearing for the respondents submitted that the representation given by the petitioner is pending and that apart, the chitta that is now relied upon by the petitioner shows that these two properties stands in the name of Nallapillai and therefore, at the time of enquiry, the said person will also be given an opportunity before taking a final decision.

3/5

6.

Taking into consideration the facts and circumstances of the case and the nature of grievance expressed by the petitioner, there shall be a direction to the 3rd respondent to deal with the representation made by the petitioner on 25.06.2024 after affording an opportunity to all the interested parties and final orders shall be passed on its own merits and in accordance with law, within a period of twelve weeks from the date of receipt of the copy of this order. 7.

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

04.02.2025 Internet : Yes/No Index : Yes/No Speaking Order / Non Speaking Order rka N. ANAND VENKATESH, J.

rka 4/5

To

1. The District Collector, District Collectorate, Thiruvannamalai.

2. The District Revenue Officer, Office of the District Revenue Officer, Thiruvannamalai.

3. The Tahsildar, Polur Taluk, WP No.2598 of 2025 04.02.2025 5/5