Sundaresan v. The Revenue Divisional Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sundaresan Petitioner(s) Vs 1.The Revenue Divisional Officer, Ponneri, Thiruvallur District.
2.The Tahsildar, Ponneri, Thiruvallur District.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent pass an appropriate order up on the appeal dated 21.11.2024 filed by the petitioner against the order of the 2nd respondent passed in Na.Ka. No.1901/ 2024/ Aa1 dated 25.10.2024 within the specific period of time fixed by this Honourable Court.
For Petitioner(s) : Mr.D.Magesh For Respondent(s) : Mr.R.P.Murugan Raja Government Advocate (for R1, R2) 1/6
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus to direct the 1st respondent to pass an appropriate order on the appeal dated 21.11.2024 filed by the petitioner against the order of the 2nd respondent passed in Na.Ka.No.1901/ 2024/ Aa1 dated 25.10.2024 whereby the petitioner's request for issuance of patta in his name was refused.
3. It is submitted by the learned counsel for petitioner that the petitioner has submitted a representation dated 19.05.2014 seeking issuance of patta for the petitioner's ancestral property comprised in Survey Nos.13,30/3,103,51/1 measuring a total extent of 1.65 1⁄2 acres. It is stated that the petitioner's father filed a partition suit in O.S.No.36 of 1946 against his brothers, which was decreed in favour of the petitioner's father. Petitioner's father passed away on 11.06.1984, leaving behind the petitioner as his only legal heir. Thereafter, petitioner was in possession and enjoyment of the subject property. It is the case of the petitioner that the 2nd respondent has not considered the petitioner's representation. Petitioner has submitted a reminder on 07.06.2024, however the same has not been considered. Aggrieved, the petitioner filed a writ petition in 2/6
W.P.No.17174 of 2024 to consider his representation, the same was ordered on 01.07.2024. It is further stated that the 2nd respondent has passed an order in Na.Ka.No.1901/202/Aa1 dated 25.10.2024 refusing to issue patta in favour of the petitioner. Challenging the same, the petitioner filed an appeal before the 1st respondent on 21.11.2024 but the same is kept pending till date. Hence this writ petition.
4. At the outset, it is submitted by Mr.R.P.Murugan Raja, learned Government Advocate for respondents that they would consider the petitioner's appeal within the time stipulated by this Court after giving notice to the petitioner and other interested parties. Agreed to by the learned counsel for petitioner.
5. In view thereof, the writ petition stands disposed of with a direction to consider the appeal filed by the petitioner on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, if any, within a period of six (6) weeks from the date of uploading of web copy without waiting for receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the appeal and it is open to the concerned 3/6
respondent to consider the said appeal on its own merits and in accordance with law. No costs.
23.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6
To:
1.The Revenue Divisional Officer, Ponneri, Thiruvallur District.
2.The Tahsildar, Ponneri, Thiruvallur District.
5/6
MOHAMMED SHAFFIQ, J.
mka 23.06.2025 6/6