Madras High CourtWP/23865/2025disposed of

Indhrani v. The Secretary To Government,

2025-07-03Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. Nos.26873 and 26876 of 2025 1.Indhrani 2.Punniyavathi 3.Muthulakshmi 4.Mahalakshmi 5.Kalyani Vs.

1.The Secretary to Government, Revenue and Disaster Management Department, Land Disposal Wing (LB-III(1)) Section, Fort St.George, Chennai. 2.The District Collector, 3.The District Revenue Officer, 4.The Special Tahsildar (ADW), Ponneri Division, Tiruvallur District, Tiruvallur.

5.The Tahsildar, 1/6

Avadi Taluk, Chennai-600 054.

6.The District Adi Dravida and Tribal Welfare Officer, Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 2nd respondent in Na.Ka.No.24532/2010/J1, dated 02.08.2024 and quash the same in so far as the petitioner Plot Nos.249, 365, 357, 359 and 358 respectively, comprised in Survey No.235, situated at No.15, Pothur Village, Avadi Taluk (formerly Ambattur Taluk), Tiruvallur District, are concerned and direct the respondents to make entry in the village/Taluk, Land Records and other relevant Revenue Records pertaining to the assignments /Pattas granted to the Petitioners in on-line Portal Tamilnilam and issue computer Pattas and to provide basic amenities such as laying of roads, providing power supply, drainage and water connection and other basic facilities etc., to the assigned lands comprised in Survey No.235, Avadi Taluk, Tiruvallur District.

For Petitioner(s) : Mr.L.Chandrakumar For Respondent(s) : Mr.A.Selvendran Special Government Pleader

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 certiorarified mandamus challenging the order dated 02.08.2024 whereby the assignments/ patta granted to the petitioner's Plot Nos.249, 365, 357, 359 and 358 respectively, comprised in Survey No.235, situated at No.15, Pothur Village, 2/6

Avadi Taluk (formerly Ambattur Taluk), Tiruvallur District, was cancelled. The challenge is on the limited premise that the above cancellation has been made without even putting the petitioners on notice.

3. At the outset, it is submitted by the learned counsel for petitioners and respondents in unison that the matter stands covered by the judgment of this Court in W.P.No.2096 of 2022 in the case of P.V.Suresh vs. The Government of Tamil Nadu wherein with reference to cancellation of bogus patta, this Court was pleased to remand the matter back to the 2nd respondent for fresh consideration. It is thus submitted by petitioners and respondents in unison that the above judgment of this Court may be followed. In this regard, the relevant portions of the order is extracted hereunder: "5.Considering the facts and circumstances of the case and the submission made on either side, this Court directs the second respondent to consider the representation of the petitioner dated 28.06.2020 to cancel the bogus pattas issued in Survey No.235 and pass appropriate orders on merits and in accordance with law, after hearing the petitioner, within a period of twenty four weeks from the date of receipt of a copy of this order."

4. At this juncture, learned Special Government Pleader for respondents on instructions would submit that they would re-consider the petitioners' request and pass orders afresh after issuing notice and affording reasonable opportunity 3/6

of hearing to the petitioners and other interested parties within a time frame to be fixed by this Court.

5. In view thereof, the impugned order is set aside, the respondents shall now proceed to issue notice and afford a reasonable opportunity of hearing to the petitioners and other interested parties and pass orders afresh within a period of 16 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 application and it is open to the concerned respondent to consider the application on its own merits and in accordance with law.

6. Accordingly, writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 03.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

To:

5.The Tahsildar, Avadi Taluk, Chennai-600 054.

6.The District Adi Dravida and Tribal Welfare Officer, 5/6

MOHAMMED SHAFFIQ, J.

mka 03.07.2025 (1⁄2) 6/6