Kalaimani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Kalaimani ... Petitioner Vs.
1.The District Collector, Collector Office, Dharmapuri, Dharmapuri District.
2.The Thasildhar, Taluk Office, Pappiredipatti, Dharmapuri District, Dharmapuri.
3.The Zonal Deputy Tahsildar, Taluk Office, Pappiredipatti, Dharmapuri District, Dharmapuri.
4.Ambika 5.Prema 6.Praveen 7.Arun
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the second respondent to survey the petitioner land bearing Survey Number 87/3B1, extension of 22 cents out of 25 cents based on the petitioner's representation dated 23.11.2023, 26.09.2023 & 03.10.2024 property situated at Athikarapatti Village, Dharmapuri District, and issue separate patta in the petitioner's name and pass orders. For Petitioner(s) : Mr.K.Nagarajan For Respondent(s) : Mr.A.Selvendran Special Government Pleader for R1 to R3
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent Nos.4 to 7 are dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the second respondent to survey the petitioner land comprised in Survey Number 87/3B1, measuring an extent of 22 cents out of 25 cents situated at Athikarapatti Village, Dharmapuri District, based on the petitioner's representation dated 23.11.2023, 26.09.2023 & 03.10.2024 property, and issue separate patta in the petitioner's name.
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3. Learned Special Government Pleader would submit that they would consider the petitioner's representation dated 03.10.2024 and carry out survey and complete the process within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
4. As regards issuance of patta, it was submitted by the learned Special Government Pleader for respondents 1 to 3 that online applications dated 26.09.2023, 23.11.2023 & 03.10.2024, made by petitioner would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
5. In view thereof, there shall be a direction to the second respondent to consider petitioner's representation dated 03.10.2024 and carry out survey, and complete the process within a period of 12 weeks from the date of uploading of the web copy without waiting for the receipt of certified copy, after giving prior notice to the petitioner, respondents 4 to 7, adjacent land owners and other interested parties including rival claimants if any. 5.1. Insofar as issuance of separate patta, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ 3/6
Petition, there shall be a direction to the second respondent, to consider applications dated 23.11.2023, 26.09.2023 & 03.10.2024 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, respondents 4 to 7 and any other interested persons/stake holders, within a period of twelve (12) weeks from the date of uploading of the web copy without waiting for the receipt of certified copy.
5.2. 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 matter on its own merits and in accordance with law.
6. Accordingly, the writ petition stands disposed of. No costs. 16.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn 4/6
To:
1.The District Collector, Collector Office, Dharmapuri, Dharmapuri District.
2.The Thasildhar, Taluk Office, Pappiredipatti, Dharmapuri District, Dharmapuri.
3.The Zonal Deputy Tahsildar, Taluk Office, Pappiredipatti, Dharmapuri District, Dharmapuri.
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MOHAMMED SHAFFIQ, J.
mrn 16.06.2025 6/6