Hr Syed Mukram v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ H R Syed Mukram ... Petitioner Vs.
1. The District Collector, Thiruvannamalai District, Thiruvannamalai.
2. The Revenue Divisional Officer, Thiruvannamalai.
3. The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai District.
4. Nazreena
5. R.N.Syed Akmal
6. Abrose ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the third respondent to transfer patta in the name of the legal heirs of the deceased Syed Raheem in respect of the said property being all that piece and parcel of land comprised in T.S.No.362/7, T.S.No.356/5A1, T.S.No.356/62, T.S.No.1802/2 and T.S.No.1804, situated at Thiruvannamalai Town, Thiruvannamalai Taluk, Thiruvannamalai District based on the petitioner's representation dated 06.11.2023.
For Petitioner :
Mr.K.Venkateswaran For Respondents :
Mr.P.Sathish Addl. Govt. Pleader for R1 to R3
O R D E R
The present writ petition is filed praying for a writ of mandamus to direct the third respondent to transfer the patta in the name of the legal heirs of the deceased Syed Raheem in respect of the lands comprised in T.S.No.362/7, T.S.No.356/5A1, T.S.No.356/62, T.S.No.1802/2 and T.S.No.1804, situated at Thiruvannamalai Town, Thiruvannamalai Taluk, Thiruvannamalai District based on the petitioner's representation dated 06.11.2023.
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 respondents 4 to 6 is dispensed with.
3. The case of petitioner is that the properties situated at Thiruvannamalai District, comprised in T.S.No.362/7 measuring an extent of 7 cents, T.S.No.356/5A1 measuring an extent of 38 cents, T.S.No.356/62 measuring an extent of 4 1⁄2 cents, T.S.No.1802/2 measuring an extent of 1.70 acres and T.S.No.1804 measuring an extent of 1.20 acre originally belong to the petitioner's grandfather, viz., Syed Raheem. The aforesaid properties were Inam lands granted to his ancestors and they were in possession and enjoyment for more than 150 years. Petitioner's grandfather died on 12.01.1984 leaving behind his legal heirs and petitioner's father is one among them. In pursuance thereof, legal heirs of the petitioner's grandfather were in joint possession and enjoyment of the said property, however their names were not registered in the settlement register. Therefore, the petitioner's father along with his brother filed a suit in
O.S.No.1165 of 1990 on the file of Additional District Munsif-II, Thiruvannamalai seeking for mandatory injunction and the said suit was decreed in their favour vide judgment and decree dated 22.12.1998. Subsequent to the said judgment and decree, patta for the aforesaid property in Patta No.1459 was granted in the name of petitioner's grandfather.
4. It is further case of petitioner that petitioner's father, viz., Syed Nazeerulla died on 17.06.2015 leaving behind his wife and three sons. Subsequent to the demise of petitioner's grandfather, patta for the aforesaid properties was not transferred in the name of his legal heirs and still the patta for the aforesaid properties stands in the name of his grandfather, hence he submitted representation on 06.11.2023 seeking to transfer patta in the name of legal heirs of the said Syed Raheem. Since the same has not been considered, the present writ petition has been filed.
5. At the outset, it was submitted by learned Additional Government Pleader for respondents that the representation dated
06.11.2023 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.
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 concerned respondent to deal with the representation made by the petitioner on 06.11.2023 seeking transfer of patta on its own merits and in accordance with law within a period of four months from the date of receipt of a copy of this order, after affording reasonable opportunity of hearing to the petitioner, respondents 4 to 6, any other legal heirs / any other interested parties, if any after putting all the interested parties on notice. 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.
7. Accordingly, the Writ Petition stands disposed of. No costs. 13.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To
1. The District Collector, Thiruvannamalai District, Thiruvannamalai.
2. The Revenue Divisional Officer, Thiruvannamalai.
3. The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai District.
MOHAMMED SHAFFIQ, J.
vji 13.06.2025