C.Dasarathan v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ C.Dasarathan

...Petitioner(s)

Vs 1.The District Revenue Officer, Collectorate, Vengikkal, Tiruvannamalai - 606 604.

2.Deputy Collector, Cheyyar Revenue Divisional Office, Thiruvanthipuram, Cheyyar - 604 407.

3.R.Arjunan

...Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to first and second respondents to dispose of the Petitioner's revision petition dated 29.01.2025 under the Tamil Nadu Patta Passbook Act, 1983, within any time as stipulated by this Hon'ble Court.

For Petitioner(s) : Ms.Kavya K.

For Respondent(s) : Mr.P.Ganesan for R1 & R2 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. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to 3rd respondent is dispensed with. 2.The present writ petition is filed praying for a writ of mandamus to direct the respondents 1 and 2 to dispose of the petitioner's revision petition dated 29.01.2025 under the Tamil Nadu Patta Passbook Act, 1983, within a time frame to be fixed by this Court. 3.It is submitted by the learned counsel for petitioner that petitioner's grandfather viz., P.Ponnan owned several properties in Kandiyanallur Village. After the demise of P.Ponnan, his lands were divided among his 7 sons viz., P.Chellan, P.Chinnaya, P.Perumal, P.Rathnam, P.Theerthavathi, P.Krishnan and P.Balasundaram. It is submitted that one among the divided land comprised in S.No.75/4 was allotted to petitioner's paternal uncle and father viz., P.Rathnam and P.Chinnaya respectively. The above said survey number was divided into three parts:

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(i) S.No.75/4A, measuring an extent of 29 1⁄4 cents to P.Ratnam (ii) S.No.75/4B, common well measuring an extent of 2 cents. (iii)S.No.75/4C, measuring an extent of 13 1⁄4 cents to P.Chinnaya. 4.It is further submitted that in the year 2000, a partition was effected among the sons of petitioner's paternal uncle P.Ratnam and his sons R.Gangan, R.Murugesan, R.Arjunan, Shanmugam and R.Chandrasekaran under a Partition Deed dated 07.06.2000, registered as Document No.382/2000 before the Sub Registrar Office, Thellar. Based on the above partition deed, R.Arjunan obtained Patta No.677 to S.No.75/4A in his name, which is according to petitioner is illegal. It is submitted that petitioner submitted several representations dated 25.08.2022, 01.09.2022, 20.12.2022, 14.09.2023, 15.09.2023, 28.10.2023 and 07.10.

2024 to the Revenue Authorities to cancel the patta and take action against P.Arjunan. However, the above representations were not considered by the respondents till date. Thereafter, petitioner filed a revision petition dated 29.01.2025, which has not been considered by the respondents till date. Aggrieved by the same, the present writ petition has been filed.

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5.At the outset, learned Government Advocate for respondents would submit that revision petition dated 29.01.2025 submitted by petitioner, is in fact an appeal and the same would be considered and disposed of in accordance with law, within a time frame to be fixed by this Court.

6.In view thereof, the writ petition is disposed of with a direction to the respondents 1 and 2 to dispose of the appeal filed by the petitioner dated 29.01.2025, after affording reasonable opportunity of hearing to the petitioner, 3rd respondent and any other interested parties/rival claimants, if any, within a period of 16 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 case and it is open to the concerned respondent to consider the same on its own merits and in accordance with law. There shall be no order as to costs.

18.06.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam 4/6

To 1.The District Revenue Officer, Collectorate, Vengikkal, Tiruvannamalai - 606 604.

2.Deputy Collector, Cheyyar Revenue Divisional Office, Thiruvanthipuram, Cheyyar - 604 407.

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MOHAMMED SHAFFIQ, J.

pam 18.06.2025 6/6