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Madras High CourtWP/17846/2025disposed of

Sumathi v. The District Collector

2025-06-05Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 05.06.2025

CORAM

THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ Sumathi ... Petitioner Vs.

1.The District Collector, Villupuram, Villupuram District, 605 602.

2.The Revenue Divisional Officer, Tindivanam, Villupuram - 604 001.

3.The Tahsildar, Melamaliyanur Taluk, Villupuram - 604 204.

4.The Land Surveyor, Melmalaiyanur Taluk, Villupuram - 604 204.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent, to 1/6

consider petitioner's representation dated 03.04.2025 on light of the petitioner's patta transfer vide No.133071331321557 and application No.2025/0105/07/630565 dated 02.04.2025 and consequently to grant patta in respect of the lands comprised in Survey No.3/1A2, 3/1C and 3/2 measuring to an extent of 92 cents situated at Revenue Village of Thayanur, Melmalaiyanur Taluk, Villupuram District. For Petitioner : Mr.Dheenadhayalan For Respondents 1 to 4 : 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 third respondent to consider petitioner's representation dated 03.04.2025 for patta transfer vide application No.2025/0105/07/630565 dated 02.04.2025 and consequently grant patta in respect of the lands comprised in Survey No.3/1A2, 3/1C and 3/2 measuring an extent of 92 cents situated at Revenue Village of 2/6

Thayanur, Melmalaiyanur Taluk, Villupuram District.

3. It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the land comprised in S.Nos.3/1A2, 3/1C and 3/2 to an extent of 92 cents situated at Thayanur, Melmalaiyanur Taluk, Villupuram District, through a registered sale deed dated 17.12.2020 vide Doc.No.5317 of 2020, on the file of Sub-Registrar, Avalurpet, Villupuram District. The petitioner has a joint patta in respect of the above property vide patta No.1931. In order to develop the property, he submitted an application for patta transfer dated 02.04.2025 and also paid a requisite fee. But there was no reply from the respondents. Thereafter, the petitioner has submitted a representation dated 03.04.2025 to the respondents herein, requesting to grant patta by considering the said application dated 02.04.2025. However, the said application has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.

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4. At the outset, it was submitted by the learned Additional Government Pleader for the respondents that the above said application dated 02.04.2025 would be considered and orders would be passed, after issuing notice and hearing the petitioner and any other interested parties/rival claimants, within the time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. 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 the respondents, to consider the representation dated 03.04.2025 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/rival claimants, and also putting the petitioner and any other interested persons/rival claimants on notice, within a period of eight (8) 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 4/6

is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

6. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

05.06.2025 Speaking/Non-speaking order Index : Yes / No vm To 1.The District Collector, Villupuram, Villupuram District, 605 602.

2.The Revenue Divisional Officer, Tindivanam, Villupuram - 604 001.

3.The Tahsildar, Melamaliyanur Taluk, Villupuram - 604 204.

4.The Land Surveyor, Melmalaiyanur Taluk, Villupuram - 604 204.

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MOHAMMED SHAFFIQ.J., vm 05.06.2025 6/6