S.Rajkumar v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Rajkumar ... Petitioner Vs.

1. The District Revenue Officer, Mayiladuthurai District, Mayiladuthurai.

2. The Revenue Divisional Officer, Sirkazhi Taluk, Mayiladuthurai District.

3. The Tahsildar, Sirkazhi Taluk, Mayiladuthurai District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the second respondent to consider the petitioner's representation dated 15.02.2025 regarding the registered sale deed Document No.582 of 1963 and to conduct an inquiry under Section 12 of the Tamil Nadu Patta Pass Book Act, 1983 and consequently direct the third respondent to issue the patta in the name of the petitioner for Survey No.127 : 14 cents of land and Survey No.117C:3 cents of land, based on the registered sale deed.

For Petitioner :

Mr.K.Shahul Hameed For Respondent :

Mr.A.Selvendran Special Government Pleader

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to deal with the representation filed by the petitioner on 15.02.2025 wherein the petitioner is seeking for transfer of patta in his name with respect to the subject property.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. It is submitted by learned counsel for petitioner that the petitioner's father purchased two plots from one Govindasamy measuring an extent of 14 cents in Survey No.127 and 3 cents in Survey No.117C vide registered sale deed dated 04.04.1963. Petitioner's father passed away. Despite the registered sale deed in favour of his late father, the lands in

question are recorded as unassigned poramboke lands in the Government records. After his father's death and the subsequent death of his mother and brother, petitioner made a representation on 15.02.2025 before the respondents seeking transfer of patta in favour of his name. Since the same has not been considered, the present writ petition has been filed.

4. Learned Special Government Pleader appearing for the respondents, on the other hand, would submit that the lands in question have been classified as unassigned poramboke lands as per the revenue records and thus, the petitioner may not have any right to claim patta in his name. In any view, learned Special Government Pleader would further submit that the concerned respondent would conduct an enquiry after affording opportunity to the petitioner and any other interested parties and the representation would be considered and orders will be passed within the time frame to be fixed by this Court

5. Taking into consideration the facts and circumstances of the case and the submissions made on either side, there shall be a direction to the concerned respondent to act upon the representation made by the petitioner on 15.02.2025 and conduct enquiry by issuing notice to the petitioner, adjacent land owners and interested parties, if any and affording an opportunity of hearing to the petitioner and any other interested parties and the 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 a copy of this order. It is open to the petitioner to participate in the enquiry by furnishing relevant documents to establish his title over the subject property. If any documents are filed, the same would be considered while conducting enquiry. It is made clear that this Court has not expressed any view 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.

6. Accordingly, the Writ Petition stands disposed of. No costs. 10.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The District Revenue Officer, Mayiladuthurai District, Mayiladuthurai.

2. The Revenue Divisional Officer, Sirkazhi Taluk, Mayiladuthurai District.

3. The Tahsildar, Sirkazhi Taluk, Mayiladuthurai District.

MOHAMMED SHAFFIQ, J.

vji 10.06.2025