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Madras High CourtWP/16749/2025disposed of

D.Sampathraj v. The District Collector

2025-06-04Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ D.Sampathraj ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Cuddalore-607 001.

2.The Revenue Divisional Officer, Office of the District Collector, Cuddalore-607 001.

3.The District Revenue Officer, Office of the District Collector, Cuddalore-607 001.

4.The Tahsildhar, Office of Kurinjipadi Taluk Office, Cuddalore District.

...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 consider the representation dated 17.01.2025 and consequently direct the third respondent to issue patta in favour of the petitioner and pass orders. 1/6

For Petitioner(s) : Mr.D.Senthur Kugan For Respondent(s) : Mr.P.Sathish Additional Government Pleader for R1 to R4

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 the representation dated 17.01.2025 and consequently direct the third respondent to issue patta in favour of the petitioner.

3. It is submitted by the learned counsel for the petitioner that the petitioner is the absolute owner of the land comprised in New S.No.476/6 (Old S.No.431/1) admeasuring 37 cents out of the total 42 cents by virtue of a registered sale deed dated 30.07.1985 and he has been in possession and enjoyment of the said land for about four decades. The petitioner has also been carrying on cultivation in the subject land along with his brother. While so, the third respondent had stopped the petitioner from carrying on cultivation on the 2/6

premise that the subject lands are temple properties. Thereafter, the petitioner submitted a representation dated 17.01.2025 along with relevant documents and encumbrance certificate to the third respondent to verify his title documents, conduct an enquiry and to make necessary corrections in the A register and field map and to issue patta with respect to his agricultural lands. However, the said representation has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.

4. While there cannot be any doubt that if it is temple land, patta cannot be issued to individuals, however, learned counsel for the petitioner would only request that the prayer is to consider the representation, make an enquiry and thereafter, issue patta, if they are otherwise entitled to in law.

5. At the outset, it was submitted by the learned Additional Government Pleader for respondents that they would consider the representation dated 17.01.2025, conduct an enquiry and issue patta in favour of the petitioner, if he is otherwise entitled to in law, after issuing notice and hearing the petitioner and any other interested parties/rival claimants, if any, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner. 3/6

6. 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 17.01.2025, on its own merits and conduct an enquiry and issue patta in favour of the petitioner, if he is otherwise entitled to in law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/rival claimants, if any. This exercise shall be completed within a period of six (6) weeks from the date of uploading of the web copy without waiting for the receipt of certified copy, 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 case on its own merits and in accordance with law.

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

04.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn 4/6

To:

1.The District Collector, Office of the District Collector, Cuddalore-607 001.

2.The Revenue Divisional Officer, Office of the District Collector, Cuddalore-607 001.

3.The District Revenue Officer, Office of the District Collector, Cuddalore-607 001.

4.The Tahsildhar, Office of Kurinjipadi Taluk Office, Cuddalore District.

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MOHAMMED SHAFFIQ, J.

mrn 04.06.2025 6/6