N.Shanmugam v. The District Revenue Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ N.Shanmugam Petitioner(s) Vs 1.The District Revenue Officer, Namakkal District.
2.The Revenue Divisional Officer, Thiruchengode, Namakkal District.
3.The Tahsildar, Tahsildar Office, Paramathi, Velur, Taluk, Namakkal District.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the Respondents herein to consider the Petitioner's Representation dated 09.08.2022 seeking to issue Natham Patta in Gramma Natham Old Survey No. 457/1 and new Survey No. 895/11 and 895/9 to an extent of 3600 square feet in Sithampoondi Grama Natham, Sithampoondi Village, Paramathi Velur Taluk, Namakkal District. For Petitioner(s) : Mr.L.Mouli For Respondent(s) : Mr.R.P.Murugan Raja Government Advocate 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 directing the respondents herein to consider petitioner's representation dated 09.08.2022 seeking issuance of Natham Patta in Gramma Natham for the land comprised in Old Survey No. 457/1 and New Survey No. 895/11 and 895/9, measuring an extent of 3600 square feet, situated at Sithampoondi Grama Natham, Sithampoondi Village, Paramathi Velur Taluk, Namakkal District.
3. The learned counsel for the petitioner would submit that his grandfather Kuttiyannan had built a house in Survey No.457/1, measuring an extent of 3600 sq. feet situated at Sithampoondi Village, Paramathi Velur Taluk, Namakkal District and he was in peaceful possession and enjoyment of the same. After the death of Kuttiyannan, petitioner's father Nallappa Gounder and his brother Muthusamy entered into a registered partition deed dated 11.01.1978 in Document No.11 of 1978 in respect of aforesaid survey number. While so, the petitioner's father passed away leaving behind petitioner and his mother Saraswathi.
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3.1. It is the case of the petitioner that he submitted a representation to the 1st respondent on 12.03.2012 to issue patta in petitioner's name in respect of Grama Natham comprised in Old Survey Nos.457/1 and New Survey Nos.895/11 and 895/9. The above request / representation was forwarded by the 1st respondent to the 3rd respondent vide communication dated 28.03.2012. The petitioner had thereafter made yet another representation dated 14.08.2018 before the 2nd respondent and the respondent had in turn forwarded the representation to the 3rd respondent vide communication dated 25.09.2018. The petitioner made representation on 12.03.2012, 14.08.2018 and 25.09.
2018, though the first two representations were forwarded by the 2nd respondent to the 3rd respondent, there was inaction according to the petitioner on the part of the 3rd respondent. Petitioner had thereafter submitted another representation dated 09.08.2022 and the 3rd respondent had vide communication dated 07.10.2012 directed the Revenue Inspector to conduct an enquiry and file a report. The Revenue Inspector, Nallur according to the petitioner conducted an enquiry and filed a report, however despite receiving report from the Revenue Inspector, Nallur there has not been any action taken by the 3rd respondent. Hence, this writ petition.
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4. Mr.R.P.Murugan Raja, learned Government Advocate for respondents would submit that the 3rd respondent would consider and pass orders in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order after affording the petitioner a reasonable opportunity of hearing, within the time frame to be fixed by this Court, agreed to by the learned counsel for petitioner.
5. In view thereof, the writ petition stands disposed of with a direction to the 3rd respondent to consider the petitioner's representation keeping the judicial precedence on the issue in mind and pass orders in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order after affording the petitioner and 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 representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law. No costs.
10.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No 4/6
mka To:
1.The District Revenue Officer, Namakkal District.
2.The Revenue Divisional Officer, Thiruchengode, Namakkal District.
3.The Tahsildar, Tahsildar Office, Paramathi, Velur, Taluk, Namakkal District.
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MOHAMMED SHAFFIQ, J.
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