Selvakumar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Selvakumar ... Petitioner Vs.
1.
The Commissioner, HR & CE Department, Chennai - 600 034.
2.
Joint Commissioner, HR & CE Department, Nagapattinam.
3.
The Director, Survey and Settlement, Chepauk, Chennai - 600 005.
4.
The District Collector, Nagapattinam District, Nagapattinam.
5.
The Revenue Divisional Officer, Nagapattinam.
6.
The Tahsildar, Vedaranyam Taluk, Vedaranyam, Nagapattinam District.
7.
Arulmigu Dhrowpathi Amman Thirukovil,
Rep. By its Trustee, Vedaranyam, Nagapattinam District.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of mandamus, to direct the respondents to enforce the directive of the 1st respondent proceedings in Na.Ka.No.2036/2023/E1 dated 13.03.2025 and consequently to direct the 6th respondent to pass appropriate orders to mutate the revenue records in the name of the petitioner in respect of the land in Survey No.401/10, as per Patta No.5, measuring 0.03.00 Ares in Pushpavanam Village, Vedharanyam Taluk, Nagapattinam District within a time fixed by this Court.
For Petitioner : Mr.J.Kamaraj For Respondents : Mr.S.Ravichandran Additional Government Pleader for R1, R2 & R7 : Mr.P.Sathish Additional Government Pleader for R3 to R6
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 writ petition is filed seeking a mandamus, to direct the
respondents to enforce the directive of the 1st respondent vide proceedings Na.Ka.No.2036/2023/E1 dated 13.03.2025 and further direct the 6th respondent to pass appropriate orders to mutate the revenue records in the name of the petitioner in respect of the land comprised in Survey No.401/10, bearing Patta No.5, measuring to an extent of 0.03.00 ares situated at Pushpavanam Village, Vedharanyam Taluk, Nagapattinam District. 3.
The case of the petitioner is that, the subject land comprised in Survey No.401/10, measuring an extent of 0.03.00 ares situated at Pushpavanam Village, Vedharanyam Taluk, Nagapattinam District originally belonged to petitioner's grandfather viz., Mr.Soundarajan (vide Partition Deed dated 22.08.1978) registered as Document No.1316 of 1978 on the file of the SRO, Vedaranyam. After the demise of said Mr.Soundarajan, petitioner's father was in absolute possession. After the demise of petitioner's father, the subject property was jointly owned by the petitioner along with his brother and sisters. The main grievance of the petitioner is that Patta was wrongly issued in the name of Arulmigu Dhrowpathi Amman Thirukovil. Aggrieved by which, petitioner has submitted a representation to the 6th respondent and consequently, 6th respondent submitted a report to the 5th respondent, recommending necessary correction. Pursuant thereto, the Revenue
Divisional Officer, Vedaranyam / 5th respondent passed an order dated 28.04.2023, directing the concerned Authority to effect necessary changes. However, no action was initiated. On further representations, the Director of Land Survey and Land Tax / third respondent vide letter dated 21.07.2023, requested the District Collector, Nagapattinam to obtain 'No Objection Certificate' from the 1st respondent. Pursuant thereto, the 1st respondent vide letter dated 13.03.2025, directed the 2nd respondent to take necessary action on the representation made to the Joint Commissioner, HR & CE Department. However, no action has been taken so far. Aggrieved by the same, the petitioner has come before this Court.
4.
Learned Additional Government Pleader appearing for respondents 1, 2 and 7 on instruction would submit that the proceedings dated 13.03.2025, only requires an enquiry to be conducted by the 2nd respondent / Joint Commissioner, HR & CE Department and after completion of enquiry, appropriate orders would be passed a time frame fixed by this Court, which was agreed to by the learned counsel for petitioner.
5.
Accordingly, this Writ Petition is disposed of with a direction to
the 2nd respondent / Joint Commissioner, HR and CE Department to conduct an enquiry on the proceedings of the 1st respondent dated 13.03.2025, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, 7th respondent / temple and any other interested parties including rival claimants, if any. The said exercise is directed to be completed within a period of eight (8) weeks from the date of uploading of web copy without waiting for the certified copy. No costs.
22.08.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The Commissioner, HR & CE Department, Chennai - 600 034.
2.
Joint Commissioner, HR & CE Department,
Nagapattinam.
3.
The Director, Survey and Settlement, Chepauk, Chennai - 600 005.
4.
The District Collector, Nagapattinam District, Nagapattinam.
5.
The Revenue Divisional Officer, Nagapattinam.
6.
The Tahsildar, Vedaranyam Taluk, Vedaranyam, Nagapattinam District.
7.
Arulmigu Dhrowpathi Amman Thirukovil, Rep. By its Trustee, Vedaranyam, Nagapattinam District.
MOHAMMED SHAFFIQ, J.
veda 22.08.2025