J.Jawahar v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.19629 of 2025 J.Jawahar ... Petitioner Vs.
1. The District Collector, O/o. District Collector, Tiruvannamalai District, Tiruvannamalai 606 602.
2. The Revenue Divisional Officer, O/o. Revenue Divisional Office, Anna Salai, Tiruvannamalai 606 601.
3. The Tahsildar, Taluk Office, Tiruvannamalai District, Tiruvannamalai 606 601.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the 3rd respondent to pass orders on the application dated 29.09.2013 for issuance of patta on the recommendation of the 2nd respondent in Na.Ka.No.A3/7509/2024 dated 23.09.2024 to the 3rd respondent, legal opinion of the Additional Government Pleader dated 1/6
22.08.2016 and also the letter of the 3rd respondent to the 2nd respondent dated 20.01.2014 letter No.I1/25704/2013.
For Petitioner(s) : Mr.S.Kumara Devan For Respondent(s) : Mr.P.Sathish Additional 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 mandamus, to direct the 3rd respondent to pass orders on the application dated 29.09.2013 for issuance of patta on recommendation of 2nd respondent in Na.Ka.No.A3/7509/2024 dated 23.09.2024 to the 3rd respondent, legal opinion of the Additional Government Pleader dated 22.08.2016 and also the letter of the 3rd respondent to the 2nd respondent dated 20.01.2014 letter No.I1/25704/2013.
3. It is submitted by the learned counsel for the petitioner that the petitioner's father purchased the vacant land comprised in Survey No.207/3 (Old Survey No.153/1) in Vengikkal Village, Tiruvannamalai Taluk, from one S.Jayakrishnamoorthy by way of registered sale deed in Sale Deed No.5293/2013 dated 09.05.2013.
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3.1. The learned counsel for the petitioner would submit that after registration of document the petitioner applied for Patta. Initially the petitioner's request for patta was rejected on the premise that the land belongs to 'Panchamar Tharisu Land' and that the earlier Vendor of the land do not belong to SC or ST. Hence the purchase itself is not valid and thus the petitioner is not entitled for Patta.
3.2. The learned counsel for the petitioner would submit that on verification of the Government records, the land comprised in Old Survey No.153/1 is in fact not a Panchamar Land. The petitioner thereafter took out an application dated 20.01.2024 before the District Revenue Officer for issuance of Patta. It is further submitted by the learned counsel for the petitioner that in the mean while the learned District Munsif Court, Thiruvannamalai vide order dated 12.04.2001 in O.S.No.1338 of 1990 passed a decree and judgment that the owner of the land in Survey No.153/1 are entitled for obtaining Patta. The above decree was passed in favour of 35 persons which also included the petitioner's vendor.
3.3. The learned counsel for the petitioner would submit that the 2nd respondent has also made a recommendation to the 3rd respondent vide letter dated 23.09.2024 that request of patta may be considered. However, no orders have been made on the petitioner's request. Aggrieved by the same the present 3/6
writ petition has been filed before this Court.
4. When this was pointed out, the Additional Government Pleader would submit that the petitioner's application dated 29.09.2013 seeking issuance of patta would be considered and order would be passed within a time frame to be fixed by this Court.
5. In view thereof, the writ petition stands disposed of with a direction to the 3rd respondent to consider the petitioner's application dated 29.09.2013 seeking issuance of patta and pass appropriate orders within a period of 8 weeks from the date of receipt of a copy of this order, after affording the petitioners and any other interested parties a reasonable opportunity of hearing. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.
11.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp 4/6
To:
1. The District Collector, O/o. District Collector, Tiruvannamalai District, Tiruvannamalai 606 602.
2. The Revenue Divisional Officer, O/o. Revenue Divisional Office, Anna Salai, Tiruvannamalai 606 601.
3. The Tahsildar, Taluk Office, Tiruvannamalai District, Tiruvannamalai 606 601.
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MOHAMMED SHAFFIQ, J.
spp W.P. No.19629 of 2025 11.06.2025 6/6