M. Shanmugam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-06-2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ WP NO. 20290 of 2025 M.Shanmugam ... Petitioner Vs 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The District Revenue Officer, District Collector Office, Dharmapuri.
3.The Revenue Divisional Officer, Revenue Divisional Office, Dharmapuri.
4.The Tahsildar, Karimangalam, Dharmapuri District.
5.The Surveyor Karimangalam Firka Dharmapuri District.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 to 4 to consider petitioner appeal dated 27.12.2024 and consequently direct the 4th respondent to issue patta in favour of petitioner after making proper field survey and enquiry through the 5th respondent in respect of Petitioner's property situate at Karimangalam village, Karimangalam Taluk, Dharmapuri District comprised in village Survey No.12/1A, Sub-divided new survey no.12/6A to an extent of 2400 sq.ft vacant land within the time frame that may be fixed by this Hon'ble Court.
For Petitioner(s) : M/s.M.Janani for Mr.R.Manibarathi For Respondent(s) : Mr. A.Selvendran, Spl.G.P
O R D E R
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents 1 to 4 to consider petitioner's appeal dated 27.12.2024 and consequently direct the 4th respondent to issue patta in
favour of petitioner after making proper field survey and enquiry through the 5th respondent in respect of Petitioner's property situated at Karimangalam village, Karimangalam Taluk, Dharmapuri District comprised in village Survey No.12/1A, Sub-divided new Survey No.12/6A measuring an extent of 2400 sq.ft vacant land within the time frame that may be fixed by this Court.
3. Learned counsel for the petitioner would submit that the petitioner has applied online patta on 02.02.2024 in respect of the property situated at Karimangalam village, Karimangalam Taluk, Dharmapuri District comprised in village Survey No.12/1A, Sub-divided new survey no.12/6A measuring an extent of 2400 sq.ft purchased by him by virtue of a sale deed dated 02.02.2024. However, the 3rd respondent vide online order dated 31.03.2024 rejected petitioner's online application. Thereafter the petitioner made a representation to the 1st respondent on 04.09.2024 to issue patta and the same was forwarded by the 1st respondent to the 4th respondent on 20.09.2024, however, the 4th respondent did not take any steps to issue patta. Against the rejection order dated 31.03.2024, the petitioner has preferred
appeal before the 1st respondent on 27.12.2024, however, the same has been kept pending without passing any orders. Aggrieved by the non-action on the petitioner's appeal, the petitioner has preferred the present writ petition.
4. At the outset, it was submitted by the learned Special Govt. pleader appearing for respondents that the appeal dated 27.12.2024, made by petitioner would be considered and disposed of by the respondent authorities within a time frame fixed by this Court, which was agreed to by the learned counsel for petitioner.
5. 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 4th respondent, to consider the appeal dated 27.12.2024 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/rival claimants, and also putting any other interested persons/rival claimants on notice, within a period of eight (8) 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 appeal and it is open to the concerned respondent to consider the appeal on its own merits and in accordance with law.
6. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.
5. With the above direction, this writ petition is disposed of. No costs. 13.06.2025 Index:yes/no Internet:yes/no msr To 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The District Revenue Officer, District Collector Office, Dharmapuri.
3.The Revenue Divisional Officer, Revenue Divisional Office, Dharmapuri.
4.The Tahsildar, Karimangalam, Dharmapuri District.
5.The Surveyor Karimangalam Firka Dharmapuri District.
MOHAMMED SHAFFIQ, J.
msr WP NO. 20290 of 2025 13-06-2025