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Madras High CourtWP/11504/2023disposed of

Manickam v. The District Collector

2026-01-28Honourable Mr Justice Abdul Quddhose7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-01-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND WMP Nos. 11393 & 11394 of 2023 Manickam, S/o.Kuttisanjeevi Reddy, Mamandur Village, Thiruttani Taluk, Thiruvallure District.

Petitioner(s) Vs

1. The District Collector, Collectorate, Thiruvallure District, Thiruvallure.

2.The Divisional Revenue Officer, Collectorate, Thiruvallure District, Thiruvallure.

3.The Revenue Divisional Officer, Officer of Revenue Divisional Officer, Thiruttani, Thiruvallure District.

4.The Tahsildhar, Thiruttani Taluk, Thiruttani, Thiruvallure District.

5.The Village Administrative Officer Mamandur Village, Thiruttani Taluk, Thiruvallure District.

6.The Village President, Mamandur Village Panchayat, Thiruttani Taluk, Thiruvallur District.

Respondent(s)

PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, to call for the entire record pertains to order of 4th respondent dated 16.12.2022, made in Na.Ka. Enn. 3156/ 2022/ A4, quash the same and further direct the 4th respondent to issue a patta or grant an assignment in petitioners name to the properties situated in S.No.154/9, to an extent of 0.16.0 Ares, in Mamandur Village Account, Thiruttani Taluk, Thiruvallur District. For Petitioner(s):

Mr.A.Gouthaman For Respondent(s):

Mr.C.Jayaprakash Govt Advocate For R1 to R5 Mr. G. Suresh for R6

ORDER

This writ petition has been filed challenging the order dated 16.12.2022 passed by the 4th respondent, rejecting the petitioner's application seeking for issuance of patta for the property more fully described in the prayer to this writ petition.

2.The petitioner has challenged the impugned order on the ground that despite the petitioner being in possession of the property for the past 40 years, the respondents without any basis has rejected the petitioner's application seeking for issuance of patta and passed the impugned order dated 16.12.2022. 3.Till date, the counter has not been filed by the respondents in this writ petition. This writ petition is of the year 2023.

4.The petitioner has pleaded ignorance regarding the acquisition of her property under the Land Ceiling Act. The petitioner has placed on record the sale deed obtained by her for the property more fully described in the prayer to this writ petition. The petitioner also claims that she has put up construction on the land and has been in continuous possession for the past 40 years. However, as seen from the impugned order, the proceedings of the Authorities relating to acquisition of the petitioner's land under the Urban Land Ceiling Act have not been furnished to the petitioner.

5.The petitioner has categorically pleaded before this Court that she has not been furnished with the copies of the proceedings of the competent Authorities, through which her land was acquired under the Land Ceiling Act. 6.Since the counter has not been filed by the respondents, no useful purpose will be served by keeping writ petition pending. The learned Government Advocate appearing for the official respondents has also raised the following contentions:- (a) The 4th respondent is not the competent Authority to decide the petitioner's representation.

(b) Since the petitioner's land was already acquired and now vested with the Government, the question of granting a patta in favour of the petitioner does not arises.

(c) If at all the petitioner has any grievance, she will have to seek remedy under the Innocent Purchasers Scheme.

7.In view of the above submissions, in the interest of justice and considering the fact that the contentions of the petitioner has not been considered in the impugned order, this Court deems it fit to quash the impugned order dated 16.12.2022 passed by the 4th respondent and remand the matter back to the 4th respondent for fresh consideration, on merits and in accordance with law, after furnishing the petitioner with all the necessary documents / proceedings relating to land ceiling from the respective competent Authorities through which the land of the petitioner was acquired under the Urban Land Ceiling Act and also after considering the supporting documents produced by the petitioner for obtaining patta in her name for the property more fully described in the prayer to this writ petition. 8.

This Court is not expressing any opinion on the merits of the petitioner's representation. Even though the learned Government Advocate appearing for the respondents would submit that the petitioner had not earlier approached the competent Authority, as according to him, the 4th respondent is not the competent Authority, this Court is not deciding the said issue in this writ petition. If at all the 4th respondent is not the competent Authority, while passing the final order, the 4th respondent shall give a finding that he is not the competent Authority.

9.For the foregoing reasons, the impugned order dated 16.12.2022 passed by the 4th respondent is hereby quashed and the matter is remanded back to the 4th respondent to consider the petitioner's representation seeking for issuance of patta in her name for the property more fully described in the prayer to this writ petition and pass final orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The 4th respondent shall furnish all the copies of the proceedings through which the lands of the petitioner was acquired under the Urban Land Ceiling Act, to the petitioner to enable the petitioner to submit proper explanation before the 4th respondent.

10.With the above observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 28-01-2026 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector, Collectorate, Thiruvallure District, Thiruvallure.

2.The Divisional Revenue Officer, Collectorate, Thiruvallure District, Thiruvallure.

3.The Revenue Divisional Officer, Officer of Revenue Divisional Officer, Thiruttani, Thiruvallure District.

4.The Tahsildhar, Thiruttani Taluk, Thiruttani, Thiruvallure District.

5.The Village Administrative Officer Mamandur Village, Thiruttani Taluk, Thiruvallure District.

6.The Village President, Mamandur Village Panchayat, Thiruttani Taluk, Thiruvallur District.

ABDUL QUDDHOSE J.

rst AND WMP Nos. 11393 & 11394 OF 2023 28-01-2026