Madras High CourtWP/17217/2025disposed of

R.Daniel v. The District Collector

2025-06-04Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Daniel ... Petitioner Vs.

1. The District Collector, Kancheepuram District, Kancheepurm.

2. The Tahsildar, Sriperumbathur Taluk, Kancheepuram District.

3. C.Nithyanantham ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents 1 & 2 to dispose of the petitioner's representation dated 21.02.2025 within a specified time as may be fixed by this Court.

For Petitioner :

Mr.T.Ganabanu For Respondents :

Mr.S.J.Mohamed Sathik Government Advocate for R1 & R2

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 1 & 2 to dispose of the representation made by the petitioner on 21.02.2025 wherein the petitioner has sought for cancellation of patta that stands in the name of third respondent and for issuance of patta in the name of the petitioner.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed, notice to third respondent is dispensed with.

3. The specific case of the petitioner is that the petitioner purchased the property from one Velayudham. The said property comprised in Survey No.557 has been classified as 'Grama Natham' situated at Chinnavalarpuram Village, Sriperumbadur Taluk, Kancheepuram District.

According to the petitioner, the petitioner and his family members were in possession and enjoyment of the property for over three decades. The grievance of the petitioner is that all of a sudden, the name of third respondent was added in the patta and it was transferred in his name. Aggrieved by the same, the petitioner made a representation on 21.02.2025 for cancellation of patta that stands in the name of third respondent. Since the same was not considered, the present writ petition has been filed.

4. Learned Government Advocate appearing for respondents 1 & 2 submitted that the first respondent / District Collector would conduct an enquiry after affording opportunity to the petitioner and the third respondent and orders will be passed within the time frame 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 first respondent to act upon the representation made by the petitioner on 21.02.2025 and conduct enquiry by issuing notice to the petitioner, third

respondent and rival claimants, if any and give an opportunity of hearing to the petitioner, third respondent 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 made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the first respondent to consider the case on its own merits and in accordance with law.

6. Accordingly, the Writ Petition stands disposed of. No costs. 04.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

1. The District Collector, Kancheepuram District, Kancheepurm.

2. The Tahsildar, Sriperumbathur Taluk, Kancheepuram District.

MOHAMMED SHAFFIQ, J.

vji 04.06.2025