Madras High CourtWP/17496/2025disposed of

P.Chinnababu v. The Revenue Divisional Officer,

2025-06-09Honourable Mr Justice M. Sundar,Honourable Mr.Justice P. Dhanabal12 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE P.DHANABAL and W.M.P.No.19847 of 2025 P.Chinnababu S/o.Poonambalam ... Petitioner vs.

The Revenue Divisional Officer Thiruvallur 602 001 Thiruvallur District.

The Tahsildar Avadi Taluk Avadi, Chennai-600 054.

The Special Tahsildar Town Natham Updating Scheme Avadi, Chennai-600 054.

The Town Surveyor Avadi, Chennai-600 054.

The Commissioner Avadi Corporation Avadi, Chennai-600 054.

Page Nos.1/12

The District Revenue Officer, Tiruvallur.

... Respondents * R6 suo-motu impleaded vide order 09.06.2025 Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the respondents to rectify the Town Survey Records so as to remove the wrong description of 'road' in T.S.No.1/2 as against the petitioner's property and issue Town Survey Patta for the entire extent of petitioner's property measuring 9 cents (i.e., 3920 sq.ft) Muthapudupet Village, Avadi Taluk, Thiruvallur District situate at Door No.6, Old Door No.1, Mosque Street, Muthapudupet, Avadi I.A.F, Chennai-600 055, comprised in Old Survey Nos.35/1A and 35/2 Part, T.S.No.1/2 and further forbearing the respondents and more particularly, the 5th respondent, its men, agents, servants and subordinates from demolishing any part of the aforesaid petitioner's property on wrong premises that it is part of the 'road' in T.S.No.1/2.

For Petitioner :

Mr.S.H.Vazhavan For Respondents :

Mr.K.Suresh Government Advocate, for R1 to R4 Mr.Gopinath, Standing Counsel, for R5 Mr.T.K.Saravanan Additional Government Pleader, for R6 ***** Page Nos.2/12

O R D E R

[Order of the Court was made by M. SUNDAR, J.] Subject matter of the captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} is a plea for issue of Town Survey Patta for what according to the writ petitioner is 'petitioner's property admeasuring 9 cents or thereabouts (3920 sq.ft) in Muthapudupet Village, Avadi Taluk, Thiruvallur District situate at Door No.6, Old Door No.1, Mosque Street, Muthapudupet, Avadi I.A.F, Chennai-600 055, comprised in Old Survey Nos.35/1A and 35/2 Part, T.S.No.1/2' {hereinafter 'said land' for the sake of brevity, convenience and clarity).

2. When the matter was taken up, Mr.S.H.Vazhavan, learned counsel on record for writ petitioner, Mr.K.Suresh, learned Government Advocate for R1 to R4 and Mr.Gopinath, learned Standing Counsel for R5 are before this Court.

Page Nos.3/12

3. After hearing both sides, it comes to light that R1 (jurisdictional Revenue Divisional Officer) has already made an 'order dated 28.02.2025 bearing reference Na.Ka.No.6505/2025/Aa5' {hereinafter 'said order' for the sake of brevity, convenience and clarity} inter alia holding that Old S.No.35/1 (T.S.No.2/1) admeasuring 0.06 cents is classified as 'Ryotwari Punjai' and that the writ petitioner is the owner. Said order also holds that Old S.No.35/2 (T.S.No.82/2) admeasuring 0.16.06 Hectares is classified as 'Punjai' and it is a street. Aggrieved by said order, writ petitioner has preferred a revision before the jurisdictional District Revenue Officer i.e., District Revenue Officer, Tiruvallur. This revision is styled as an appeal and it is dated 04.04.2025. A scanned reproduction of this revision (styled as an appeal) is as follows:

Page Nos.4/12

Page Nos.5/12

Page Nos.6/12

Page Nos.7/12

Page Nos.8/12

Page Nos.9/12

4. Learned State Counsel submits that the aforementioned revision is a statutory revision under Section 13 of the Tamil Nadu Patta Pass Book Act, 1983 (Tamil Nadu Act 4 of 1986) and the District Revenue Officer is in seizen of the matter and that it will be considered on its own merits and in accordance with law. This submission of learned State Counsel is recorded and we are of the considered view that this will suffice to give a closure to the captioned WP.

5. For the sake of convenience, we deem it appropriate to suo-motu implead the District Revenue Officer, Tiruvallur as R6. Accordingly, the District Revenue Officer, Tiruvallur, is impleaded as R6 in the captioned WP. Mr.T.K.Saravanan, learned Additional Government Pleader, accepts notice for R6 also. Let R6 proceed with the aforementioned statutory revision (styled as an appeal) on its own merits and in accordance with law and make an order as expeditiously as the official business of R6 would permit. We make it clear that all rights and contentions of writ petitioner and other parties to the statutory revision stand preserved untrammelled by this order.

Page Nos.10/12

Captioned WP is disposed of in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petition is disposed of as closed. There shall be no order as to costs.

(M.S.J.,) (P.D.B.J.,) 09.06.2025 Index : Yes / No Speaking / Non-speaking mk To 1.