Sampath v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sampath ... Petitioner Vs.

1.The District Collector, O/o. District Collector, Kallakuruchi District.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Kallakuruchi Revenue Division, Kallakurichi District.

3.The Tahsildhar, O/o.Revenue Thasildhar, Chinaselam Taluk, Kallakuruchi District.

4.Mrs.Sakthibhuvaneshwari 5.Mrs.Periyammal 6.Periyasamy Gounder ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 2 and 3 to complete the proceedings of cancellation of patta bearing Patta No.345, 1872, as per the application dated 05.02.2025 and consequently fix the time frame to 1/6

dispose the proceedings C.P.No.A4/57/2025 dated 27.02.2025 pending before the before the third respondent and pass orders. For Petitioner(s) : Mr.P.Muthamizh Selvakumar For Respondent(s) : Mr.S.J.Mohammed Sathik for R1 to R3

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 the Respondents 4 to 6 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus, directing the respondents 2 and 3 to complete the proceedings of cancellation of patta in Patta Nos.345 and 1872, as per the application dated 05.02.2025 and consequently fix the time frame to dispose the proceedings C.P.No.A4/57/2025 dated 27.02.2025 pending before the third respondent.

3. It is submitted by the learned counsel for the petitioner that the petitioner purchased the property comprised in Survey Nos.217/1C, 217/2C including the land in S.No.216/6 situated at Kural Village, Chinna Salem Taluk, 2/6

Kallakuruchi District, from the sixth respondent. The petitioner however found that patta Nos.345 and 1872 stand in the names of respondents 4 and 5 respectively, in respect of the subject property, though they do not have any right, title or interest in respect of the subject property. In view thereof, the petitioner had taken out an application on 05.02.2025 before the second respondent seeking cancellation of said pattas in respect of the subject property. Pursuant to the said representation, the second respondent forwarded the proceedings in C.P.No.A4/57/2025 dated 27.02.2025 to the third respondent for survey of the subject land. However, the same is still pending. Hence, the petitioner has filed the present writ petition.

4. Learned Government Advocate for the respondents 1 to 3 would submit that the application dated 05.02.2025 would be considered and proceedings in C.P.No.A4/57/2025 dated 27.02.2025 would be completed and appropriate orders would be passed by the second/third respondents, after hearing the petitioner, respondents 4 to 6 or any other interested parties, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

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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 respondents 2 and 3, to consider the application dated 05.02.2025 on its own merits and complete the proceedings in C.P.No.A4/57/2025 dated 27.02.2025 and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, respondents 4 to 6 and any other interested persons/stake holders, within a period of twelve (12) 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 application and it is open to the concerned respondent to consider the application on its own merits and in accordance with law.

6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

12.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn 4/6

To:

1.The District Collector, O/o. District Collector, Kallakuruchi District.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Kallakuruchi Revenue Division, Kallakurichi District.

3.The Tahsildhar, O/o.Revenue Thasildhar, Chinaselam Taluk, Kallakuruchi District.

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MOHAMMED SHAFFIQ, J.

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