S.Murali v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Murali ... Petitioner Vs.
1.The District Collector Office Of The District Collector, Nagapattinam District.
2.The Sub Collector Office Of The District Collector, Nagapattinam Distirct.
3.The Distirct Revenue Officer, Office Of The District Revenue Officer, Nagapattinam Distirct.
4.The Tahsildar, Taluk Office, Kilvelur Taluk, Nagapattinam District.
5.The Village Administrative Officer Office Of Vao, Nagapattinaam Taluk, Ambal Village, Nagapattinam District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus direction in the nature of writ directing the 3rd respondent to Grand Patta in the Petitioner name as per the order passed by the 2nd Respondent vide proceedings bearing Na.Ka.No.2665/2021/a3,a4 dated 1/9
28.02.2023 for the Grama Natham land in Old Survey No. 165/5 (0.31 Cents) situated at Ambal Village (Ambal Panchayat Board), Nagapattinam Taluk, Nagpattinam Ditrict with in a time stipulated by this Hon'ble Court. For Petitioner(s) : Mr.G.Viswanathan For Respondent(s) : Mr.A.Selvendran Special Government Pleader
ORDER
The present writ petition is filed praying for a writ of Mandamus to direct the 3rd respondent to grant patta in petitioner's name as per the order passed by 2nd respondent vide proceedings bearing Na.Ka.No.2665/2021/a3,a4 dated 28.02.2023 for Grama Natham land in Old Survey No.165/5 (0.31 cents) situated at Ambal Village (Ambal Panchayat Board), Nagapattinam Taluk, Nagpattinam District.
2. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents that the petition is ill-conceived and not maintainable inasmuch as the property with regard to which patta is sought, relates to temple land and no patta can be issued. In any view, it is submitted by the learned counsel for respondents that representation of petitioner would be considered and orders passed within a period of 4 weeks from the date of receipt of a copy of this order, which was readily accepted by the learned counsel for petitioner.
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3. It was also requested by the learned counsel for respondent that the temple authorities/ HR& CE authorities be heard before orders are passed, for proper adjudication.
4. 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 2nd respondent to consider the petitioner's representation, on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, HR&CE/ temple authorities and any other interested persons/stake holders, within a period of four (4) 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 representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.
5. Accordingly, the writ petition stands disposed of. No costs. 02.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/9
To:
1.The District Collector Office Of The District Collector, Nagapattinam District.
2.The Sub Collector Office Of The District Collector, Nagapattinam Distirct.
3.The Distirct Revenue Officer, Office Of The District Revenue Officer, Nagapattinam Distirct.
4.The Tahsildar, Taluk Office, Kilvelur Taluk, Nagapattinam District.
5.The Village Administrative Officer Office Of Vao, Nagapattinaam Taluk, Ambal Village, Nagapattinam District.
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MOHAMMED SHAFFIQ, J.
mka 02.06.2025 5/9
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Murali Petitioner(s) Vs 1.The District Collector, Collectorate, Nagapattinam District.
2.The Revenue Divisional Officer, Office of the RDO, Nagapattinam, Nagapattinam District.
3.The District Revenue Officer, Office of the DRO, Nagapattinam, Nagapattinam District.
4.The Tahsildar, Nagapattinam, Nagapattinam District.
5.The Village Administrative Officer, Office of VAO, Nagapattinam Taluk, Ambal Village, Nagapattinam District.
Respondent(s) For Petitioner(s) : Mr.G.Viswanathan For Respondent(s) : Mr.P.Sathish Additional Government Pleader 6/9
ORDER
Today, the case is listed under the caption ''for being mentioned'' at the instance of the learned counsel for the petitioner.
2. It is submitted by the learned counsel for petitioner that the writ petition was disposed of vide order dated 02.06.2025 and seeks clarification with regard to rank of the respondent in paragraph no.4 of the order and requests that the expression "2nd respondent" may be replaced with "3rd respondent" in the order.
3. The learned counsel for respondents submitted that he has no objection to the above submission of the learned counsel for petitioner.
4. Heard both sides.
5. In view of the said submission made by the learned counsel for petitioner, 4th paragraph of the order in W.P.No.15671 of 2024 dated 02.06.2025, is substituted with the following paragraph: "4. 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 3rd respondent to consider the petitioner's representation, on its own merits and 7/9
pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, HR&CE/ temple authorities and any other interested persons/stake holders, within a period of four (4) 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 representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.."
6. Except the above modification, all other paragraphs made in the earlier order dated 02.06.2025 shall remain intact. Registry is directed to carry out necessary corrections and issue the corrected order copy to the parties forthwith. 09.07.2025 mka To:
1.The District Collector, Collectorate, Nagapattinam District.
2.The Revenue Divisional Officer, Office of the RDO, Nagapattinam, Nagapattinam District.
3.The District Revenue Officer, Office of the DRO, Nagapattinam, Nagapattinam District.
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4.The Tahsildar, Nagapattinam, Nagapattinam District.
5.The Village Administrative Officer, Office of VAO, Nagapattinam Taluk, Ambal Village, Nagapattinam District.
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