A.Balasubramanian v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mr.A.Balasubramanian ... Petitioner Vs.
1.The District Collector, Thiruvallur District, Thiruvallur Collector Office Complex, Thiruvallur-602001.
2.The Revenue Divisional Officer, Thiruvallur District, Thiruvallur Collector Office Complex, Thiruvallur-602001.
3.The Tahsildar, Thiruvallur District, Thiruvallur Collector Office Complex, Thiruvallur- 602001.
4.The Special Tahsildar (Land Acquisition) Thiruvallur, No.1 Lal BagadhurSasthri Street, Periyakuppam, Thiruvallur-602001.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second and third respondents 1/6
to forthwith consider the petitioner's representation dated 30.10.2023 thereby to grant patta in petitioner's name in respect of lands admeasuring Acre 2.06 cents in S.No.148/12 (Pimash No.252/C, Acre 0.94 cents and Pimash No.268/A, Acre 1 and 13 cents) in Thodukadu Village, Thiruvallur Taluk, Thiruvallur District within the time frame as fixed by this Court and pass orders. For Petitioner(s) : Mr.R.Gokul For Respondent(s) : Mr.P.Ganesan Government Advocate for R1 to R4
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus to direct the second and third respondents to forthwith consider the petitioner's representation dated 30.10.2023 and to grant patta in petitioner's name in respect of lands admeasuring Acre 2.06 cents in S.No.148/12 (Pimash No.252/C, Acre 0.94 cents and Pimash No.268/A, Acre 1 and 13 cents) in Thodukadu Village, Thiruvallur Taluk, Thiruvallur District, within the time frame as may be fixed by this Court.
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3. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the land comprised in S.No.148/12 (Pimash No.252/C-0.94 Acres & Pimash No.268/A -1.13 Acres) in Thodukadu Village, Thiruvallur Taluk, Thiruvallur District. While so, the fourth respondent initiated acquisition proceedings, including a portion of petitioner's land, for the purpose of laying a Highway Road connecting Ennore and Mahabalipuram. In order to claim compensation for the acquired land, the petitioner was instructed to produce patta. Since the existing patta dated 12.10.1970 remains in the name of elder brother of the petitioner, the petitioner submitted representation dated 30.10.2023 along with relevant documents to rectify the same and issue patta in his name. However, the said representation has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.
4. Learned counsel for the petitioner submitted that pursuant to the above representation, enquiry is fixed today and the petitioner would appear in person along with relevant documents. He would only request that the said enquiry may be completed within a time frame to be fixed by this Court.
5. At the outset, it was submitted by the learned Government Advocate for respondents that they would consider the representation dated 30.10.2023, 3/6
complete the enquiry and pass appropriate orders, in accordance with law, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
6. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondent Nos.2 and 3, to consider the representation dated 30.10.2023, on its own merits and complete the enquiry and pass appropriate orders, in accordance with law, after affording reasonable opportunity of hearing to the petitioner, elder brother of petitioner and any other interested persons/stake holders, if any, within a period of eight (8) weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.
7. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.
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04.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:
1.The District Collector, Thiruvallur District, Thiruvallur Collector Office Complex, Thiruvallur-602001.
2.The Revenue Divisional Officer, Thiruvallur District, Thiruvallur Collector Office Complex, Thiruvallur-602001.
3.The Tahsildar, Thiruvallur District, Thiruvallur Collector Office Complex, Thiruvallur- 602001.
4.The Special Tahsildar (Land Acquisition) Thiruvallur, No.1 Lal BagadhurSasthri Street, Periyakuppam, Thiruvallur-602001.
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MOHAMMED SHAFFIQ, J.
mrn 04.06.2025 6/6