M.Munisekar v. The Additional Chief Secretary
In the High Court of Judicature at Madras Dated : 24.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.2115 of 2025 M.Munisekar
...Petitioner
Vs 1.The Additional Chief Secretary, Department of Adi Dravidar & Tribal Welfare, Fort St.George, Secretariat, Chennai-9.
2.The District Collector, Tiruvallur District, Tiruvallur.
3.The District Adi Dravidar & Tribal Welfare Officer, Tiruvallur District, Office of the District Collector, Tiruvallur-602001.
4.The Tahsildar, Tiruttani Taluk Office, Tiruttani.
5.The Special Tahsildar, Adi Dravidar Welfare, Tiruttani.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the fourth respondent to consider the representation of the petitioner dated 18.8.2023 to issue patta in S.No.29/16 extent of 3 cents to the petitioner. 1/5
For Petitioner :
Mr.D.Ashokkumar For Respondents :
Mr.A.Selvendran, SGP
ORDER
Seeking a Mandamus to the fourth respondent to consider his representation dated 18.8.2023 for the issuance of patta in respect of the property in S.No.29/16 measuring 3 cents, Puliyankuta Village, Veeraraghavapuram, Tiruttani Taluk, Tiruallur District, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.
3. The case of the petitioner is that the subject property is his ancestral property. The petitioner and his family members are in possession and enjoyment of 25 cents in S.No.29/16 from time immemorial. When an attempt was made to acquire the subject property, at the instance of one Mr.Venkata Reddy, by order dated 16.6.2022 in W.P.No.28069 of 2017, this Court quashed the acquisition proceedings. Similarly, by a common order dated 07.12.2001 in W.P.Nos.9730, 9649 & 11166 of 1998, the acquisition proceedings in respect of S.No.29/18-A were quashed. Thereafter, the 2/5
petitioner made a representation dated 18.8.2023 to the respondents seeking to issue a patta to him in respect of the subject property. As the said representation has not yet been considered, the petitioner has come forward with this writ petition.
4. The fact that the petitioner is in possession of the subject property is seen from the narration in the affidavit filed in support of the writ petition. Therefore, he requested the fourth respondent to issue patta. As could be seen from the documents enclosed along with the affidavit filed in support of the writ petition, by proceedings dated 02.9.2023, the fourth respondent directed the Revenue Inspector, Tiruvalangadu Firka to conduct an inquiry and submit a report pursuant to the order dated 16.6.2022 in W.P.No. 28069 of 2017.
5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the fourth respondent to consider the said representation of the petitioner dated 18.8.2023 for the issuance of patta in respect of the subject property. The petitioner shall submit all the relevant records to show his title to the subject property and the fourth respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter pass orders either issuing a patta in respect of the 3/5
subject property or rejecting the request. In the case of rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 4 weeks from the date of receipt of a copy of this order. No costs.
24.1.2025 To 1.The Additional Chief Secretary, Department of Adi Dravidar & Tribal Welfare, Fort St.George, Secretariat, Chennai-9.
2.The District Collector, Tiruvallur District, Tiruvallur.
3.The District Adi Dravidar & Tribal Welfare Officer, Tiruvallur District, Office of the District Collector, Tiruvallur-602001.
4.The Tahsildar, Tiruttani Taluk Office, Tiruttani.
5.The Special Tahsildar, Adi Dravidar Welfare, Tiruttani.
RS 4/5
P.T.ASHA,J RS W.P.No.2115 of 2025 24.1.2025 5/5