P. Hemaganesh v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.20004 of 2025 P.Hemaganesh ... Petitioner(s) Vs.
1. The District Collector, District Collectorate, "Ma.Singaravelar Maligai", Rajaji Salai, Chennai 600 001.
2. The Tahsildar, Sholinganallur Taluk Office, No.45, Rajiv Gandhi Salai, Raj Nagar, Thoraipakkam, Kottivakkam, Chennai 600 097.
... Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to issue Patta in the name of the petitioner for the property land and house bearing No. 8 Dr. Ambedkar 2nd street, Nehru Nagar, Pallikaranai comprised in Survey No. 314, situated at Pallikaranai Village, Sholinganallur Taluk, Kanchipuram District now Chengalpattu District, in view of the G. O. Ms No. 97 dated 21.02.2025 considering the petitioner's Representation dated 24.02.2025. 1/5
For Petitioner(s) : Ms.Karthikaa Ashok For Respondent(s) : Mr.A.Selvendran Special Government Pleader
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 respondents to consider the petitioner's representation dated 24.02.2025 seeking to issue Patta in the name of the petitioner for the property comprised in Survey No. 314, situated at Pallikaranai Village, Sholinganallur Taluk, Chengalpattu District, in view of G.O.Ms No. 97 dated 21.02.2025.
3. It is submitted by the learned counsel for the petitioner that the petitioner has been in occupation and possession of the house bearing No. 8, Dr. Ambedkar 2nd street, Nehru Nagar, Pallikaranai comprised in Survey No. 314, situated at Pallikaranai Village, Sholinganallur Taluk, Chengalpattu District. The above said property is classified as Government Land (Natham). It is further submitted that the Survey No.314 was subdivided and the petitioner is now in possession of the land comprised in Survey No.314/1. It is submitted that other sub divided Survey Numbers in the same Survey No.314 has been 2/5
assigned with Patta. It is the petitioner's Survey No.314/1 which has not been assigned with Patta.
3.1. It is submitted by the learned counsel for the petitioner that the Government passed G.O.Ms.No.97 dated 21.02.2025 for regularizing the encroachments in the Government land and Poramboke Land. As the petitioner is entitled for grant of patta as per the said G.O.Ms.No.97, the petitioner submitted a representation on 24.02.2025 before the 2nd repsondent for issuance of patta in terms of G.O.Ms.No.97 dated 21.02.2025 on the premise that the land is Government Land (Natham) and that the petitioner was in possession and occupation. However, the 2nd respondent has not yet considered the petitioner's representation. Aggrieved by the same the present writ petition has been filed before this Court.
4. The learned Special Government Pleader appearing for the respondent would submit that the petitioner's representation dated 24.02.2025 would be considered including the applicability of G.O.Ms.No.97 dated 21.02.2025 and pass appropriate orders within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. In view thereof, the writ petition stands disposed of with a direction to 3/5
the respondents to consider the petitioner's representation dated 24.02.2025 seeking issuance of Patta in the light of G.O.Ms.No.97 dated 21.02.2025 and pass appropriate orders within a period of 8 weeks from the date of receipt of a copy of this order, after affording the petitioner and any other interested parties a reasonable opportunity of hearing. 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. No costs.
12.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:
1. The District Collector, District Collectorate, "Ma.Singaravelar Maligai", Rajaji Salai, Chennai 600 001.
2. The Tahsildar, Sholinganallur Taluk Office, No.45, Rajiv Gandhi Salai, Raj Nagar, Thoraipakkam, Kottivakkam, Chennai 600 097.
4/5
MOHAMMED SHAFFIQ, J.
spp W.P. No.20004 of 2025 12.06.2025 5/5