Mohamemd Ismail v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mohammed Ismail : Petitioner Vs.
1.The District Collector, District Collectorate Office, Tiruvarur District.
2.The Revenue Divisional Officer, Revenue Division Office, Tiruvarur District.
3.The Tahsildar, Thiruvarur Taluk, Tiruvarur District.
4.Karthikeyan 5.Pradeep 6.Vignesh : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing respondents 1 to 3 to cancel the patta vide patta No.1702 and issue joint patta in the name of petitioner and his legal heirs by considering the petitioner's representation dated 10.04.2025 and pass orders.
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For Petitioner :
Mr.G.Mohammed Aseef For Respondents : Mr.A.Selvendran, Special Government Pleader for R1 to R3
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent Nos.4 to 6 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus, to direct respondents 1 to 3 to cancel patta vide patta No.1702 and issue joint patta in the name of petitioner and his legal heirs by considering the petitioner's representation dated 10.04.2025 for the property comprised in Old Survey No.83, New Survey No.83/2 measuring an extent of 9701 sq.ft. situated at Vilamal 11-1, Revenue Village, Thriruvar District.
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3. At the outset, it was submitted by the learned Special Government Pleader for respondents 1 to 3 that there is nothing to indicate that the petitioner has submitted a representation dated 10.04.2025. He would submit that petitioner may submit a fresh representation seeking the aforesaid prayer, if any such fresh representation is submitted, the same would considered and appropriate orders would be passed, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
4. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) It is open to the petitioner to submit a fresh representation before respondents 1 to 3. If any such fresh representation is submitted, the respondents 1 to 3 shall consider the same and pass appropriate orders, after issuing notice, conducting enquiry and affording a reasonable opportunity of hearing to the petitioner, respondents 4 to 6 and all other interested parties including rival claimants, if any, within a period of sixteen (16) weeks from the date on which the fresh representation is filed by the petitioner. ii) Though facts have been set out in affidavit, in view of the limited relief 3/6
that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the representation and pass appropriate order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules.
iii) 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. Rights and contentions of the petitioner and all other interested parties are left open.
5. Accordingly, the writ petition stands disposed of. There will be no order as to costs.
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To 1.The District Collector, District Collectorate Office, Tiruvarur District.
2.The Revenue Divisional Officer, Revenue Division Office, Tiruvarur District.
3.The Tahsildar, Thiruvarur Taluk, Tiruvarur District.
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MOHAMMED SHAFFIQ, J.
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