Mohammed Ali v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mohammed Ali, Son of A.P.M. Shahul Hameed Rep. By Power Holder Mr.Mohammed Arman Ibhrahim S/o.P.Ibrahim, residing at No.2/170, East Coast Road, Injambakkam, Kancheepuram-600 115.
Vs 1.The District Revenue Officer, 62, M.Singaravelar Maaligai, Fourth Floor, Rajaji Salai, Chennai-600 001.
2.The Tahsildar, Sholinganallur Taluk, No.1, 1st Cross Street, New Kumaran Nagar, Sholinganallur, Tamil Nadu-600 119.
3.Mr.Munuswamy 4.Mr.Narayanan 5.M.Nandugopal 6.Mr.Shivanandam 1/6
7.Mr.Aarumugan 8.Mr.Saheed Palkkandy Kottoth 9.Ms.P.Usha
...Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st and 2nd respondent to consider the representation dated 02.05.2025 and 16.04.2025, to cancel the Patta Nos.1240, 8813 and 5619 pertaining to New Survey No.92/182A, 92/182B, and 92/182C, respectively, and consequently, mutate the revenue records and issue Patta in favour of petitioner & his family members within a stipulated time.
For Petitioner(s) : Mr.A.Ashwinkumar For Respondent(s) : Mr.A.Selvendran for R1 & R2 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. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondents 3 to 9 are dispensed with. 2/6
2. The present writ petition is filed praying for a writ of mandamus to direct the 1st and 2nd respondent to consider the petitioner's representations seeking to cancel the Patta issued in respect of the properties comprised in New S.Nos.92/182A, 92/182B, and 92/182C, in favour of respondents 3 to 9 situated at Neelangarai Village and to issue patta in favour of petitioner and his family members.
3. It is submitted by the learned counsel for the petitioner that petitioner submitted representations on 16.04.2025 and 02.05.2025 before the respondents 1 and 2, seeking to cancel Patta Nos.1240, 8813 and 5619 issued in favour of respondents 3 to 9 in respect of the property comprised in Survey Nos.92/182A, 92/182B, and 92/182C, situated at Neelangarai Village and to issue patta in favour of petitioner and his family members. However, the above representations were not considered by the respondents 1 and 2 till date. Aggrieved by the same, the present writ petition has been filed.
4. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that power to cancel Patta is vested with the Revenue Divisional Officer (RDO) and therefore the petitioner 3/6
may submit its representation to the concerned Revenue Divisional Officer. If any such representation is made the Revenue Divisional Officer would consider the same and pass appropriate orders on such representation within a time period 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 liberty to petitioner to submit a representation before the concerned Revenue Divisional Officer. If any representation is made by the petitioner, the same shall be considered and disposed of within a period of 16 weeks from the date of receipt of copy of petitioner's representation, after affording the petitioner, respondents 3 to 9 and any other interested parties a reasonable opportunity of hearing.
5.1. Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the representation and pass appropriate order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules. 4/6
5.2. 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. Rights and contentions of the petitioner and all other interested parties are left open. No costs.
27.06.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam To 1.The District Revenue Officer, 62, M.Singaravelar Maaligai, Fourth Floor, Rajaji Salai, Chennai-600 001.
2.The Tahsildar, Sholinganallur Taluk, No.1, 1st Cross Street, New Kumaran Nagar, Sholinganallur, Tamil Nadu-600 119.
5/6
MOHAMMED SHAFFIQ, J.
pam 27.06.2025 6/6