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Madras High CourtWP/13122/2020disposed of

A.P.Selvam v. The Government

2026-01-06Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2026 Coram The Honourable Mr.Justice Abdul Quddhose W.P.No.13122 of 2020 and W.M.P.Nos.16250 & 16251 of 2020 1 A.P.Selvam 2 M.SELVI W/O. MAYAVEL 3 R.SHANKAR S/O. RANGARAJ 4 C.BOOBESH S/O. CHITIRAI 5 M.AROKIASAMI S/O. MARIA SUSAI

...Petitioners

Vs.

1 The Government of Tamil Nadu Rep by its Secretary to Government Department of Revenue Fort.St.George Chennai-9 2 The Addl chief Secretary / Commissioner of Land Administration Ezhilagam, Chepauk, Chennai-600 005.

3 The District collector Chennai District 4 The Revenue Divisional officer Chennai South, Guindy, Chennai District.

5 The Tahsildar Shozhinganallur Taluk Chennai District.

...Respondents

Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the 1/6

entire records pertaining to the impugned order of the 3rd Respondent In proceedings No NA.KA.NO 23906/2018/J10 dated 29.11.2019 and quash the same and to direct the respondents herein to grant patta to the members of the petitioner's association and assigned the land to the members of the petitioners with appropriate description in the place identified at Akkarai village Shozhinganallur Taluk kanceepuram District. For Petitioner : Mr.P.V.Balasubramaniam Senior Counsel for Mr.S.V.Vijay Prashanth For Respondents : Mr.R.Ramanlal Additional Advocate General assisted by Mr.D.Ravichander, Special Government Pleader Order This Writ Petition has been filed challenging the order of the third respondent, viz., the District Collector, Chennai, dated 29.11.2019, under which, it is stated that the alternate site (as disclosed therein) classified as ''marshy land'' is not suitable for allotment as an alternate site to the petitioner.

2. The learned Senior Counsel appearing for the petitioner, on instructions, would submit that eventhough the impugned order dated 29.11.2019 as stated supra, has been challenged in this Writ Petition, the 2/6

petitioner is now not interested in challenging the same, but will be satisfied if the representation dated 30.12.2025 given to the respondents relying upon para Nos.5 and 6 of the counter affidavit filed by the third respondent, wherein, it is stated that an alternate allotment is reported to have been ordered by the second respondent on 01.11.1993, vide proceedings in Lr.No.O.Mu.4777/93 dated 01.11.1993 to the third respondent and the Association was moving before the High Court for allotment of lands in Shenoy Nagar is considered on merits and in accordance with law. Based on the said averment made in the counter affidavit filed by the third respondent, learned Senior Counsel for the petitioner would submit that the petitioner is now claiming for an alternate site in lieu of the sites disclosed in the impugned order of the third respondent dated 29.11.2019.

3. Since in the counter affidavit filed by the third respondent, more particularly, in Para No.5, it is stated that an alternate allotment is reported to have been ordered by the second respondent on 01.11.1993, vide proceedings in Lr.No.O.Mu.4777/93 dated 01.11.1993, this Court is of the considered view that no prejudice would be caused to the respondents, if the representation of the petitioner dated 30.12.2025 is considered on merits and 3/6

in accordance with law by the respondents within a time frame to be fixed by this Court. This Court is not expressing any opinion on the merits of the representation made by the petitioner.

4. For the foregoing reasons, after recording the submissions made by the learned Senior Counsel for the petitioner that the petitioner is not challenging the order dated 29.11.2019 passed by the third respondent and also recording the other submissions made by the learned Additional Advocate General appearing for the respondents, this Writ Petition is disposed of by directing the respondents 1 and 2 to pass final orders on merits and in accordance with law on the petitioner's representation dated 30.12.2025 seeking for alternate site, as prayed for in the said representation within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed.

06.01.2026 sd Index : yes/no 4/6

To 1 The Government of Tamil Nadu Rep by its Secretary to Government Department of Revenue Fort.St.George Chennai-9 2 The Addl chief Secretary / Commissioner of Land Administration Ezhilagam, Chepauk, Chennai-600 005.

3 The District collector Chennai District 4 The Revenue Divisional officer Chennai South, Guindy, Chennai District.

5 The Tahsildar Shozhinganallur Taluk Chennai District.

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Abdul Quddhose,J., sd W.P.No.13122 of 2020 06.01.2026 6/6