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Madras High CourtWP/22128/2025disposed of

J.Indra Gandhi v. The District Collector

2025-06-23Honourable Mr.Justice Mohammed Shaffiq8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ J.Indra Gandhi ... Petitioner in both W.Ps Vs.

1. The District Collector, Tiruvannamalai, Tiruvannamalai District - 606 604.

2. The Revenue Divisional Officer, Cheyyar Taluk, Tiruvannamalai District - 604 407.

3. The Tahsildar, Vandavasi Taluk, Tiruvannamalai District - 604 408.

... Respondents in W.P.No.22128 of 2025

1. The District Collector, Villupuram, Villupuram District - 605 602.

2. The Revenue Divisional Officer, Tindivanam, Villupuram - 604 001.

3. The Tahsildar, Tindivanam Taluk, Villupuram District - 604 204.

Respondents in W.P.No.22130 of 2025 PRAYER in W.P.No.22128 of 2025 : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents to consider the petitioner's representation dated 06.05.2025 on the light of Legal Heir Certificate No.TN-7202109272751 and subsequently to grant joint patta for those lands comprised in Survey Nos.615/9 (22 cents), 615/2 (13 cents), 974/18 (85 sq.mtr) & 974/7 (148 sq.mtr) situated at Revenue Village "Nallur" Vandavasi Taluk, Tiruvannamalai District and Survey No.377/3 (34 cents) situated at Revenue Village "Theyyar" Vandavasi Taluk, Tiruvannamalai District. PRAYER in W.P.No.

22130 of 2025 : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents to consider the petitioner's representation dated 06.05.2025 on the light of Legal Heir Certificate No.TN-7202109272751 and subsequently to grant joint patta for those lands comprised in Survey Nos.9/3 (2.23 acres) & 15/4 (1.03 acres) situated at Revenue Village "Dhadhapuram" Tindivanam Taluk, Villupuram District.

For Petitioner :

Mr.S.Dheenadhayalan in both W.Ps For Respondents :

Mr.P.Sathish in both W.Ps Additional Government Pleader C O M M O N O R D E R These writ petitions have been filed seeking issuance of a writ of mandamus directing respondents to act upon the individual representations submitted by petitioner on 06.05.2025 in the light of Legal Heir Certificate No.TN-7202109272751 and issue joint patta in respect of the subject property.

2. By consent of learned counsel on both sides, these writ petitions are taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that petitioner's father one Ulaganathan Gounder purchased the land comprised in Survey Nos.615/9 (22 cents), 615/2 (13 cents), 974/18 (85 sq.mtr) & 974/7 (148 sq.mtr)

situated at Revenue Village "Nallur" Vandavasi Taluk, Tiruvannamalai District and Survey No.377/3 measuring an extent of 34 cents situated at Revenue Village "Theyyar" Vandavasi Taluk, Tiruvannamalai District vide sale deed dated 09.01.1975 registered as Document No.34 of 1975 on the file of Sub Registrar, Thellar, Tiruvannamalai District and Survey Nos.9/3 (2.23 acres) & 15/4 (1.03 acres) situated at Revenue Village "Dhadhapuram" Tindivanam Taluk, Villupuram District. Petitioner's father was in peaceful possession and enjoyment of the subject property and obtained patta in respect of the subject property. The said Ulaganathan Gounder died on 12.10.1998 leaving behind his legal heirs. Petitioner thus submitted individual representations dated 06.05.2025 to the respondents requesting to issue joint patta on the light of Legal Heir Certificate. However, no action has been taken by respondents. Hence, the present writ petitions have been filed.

4. It is pointed out by learned Additional Government Pleader appearing for respondents that if petitioner takes out an online application

for issuance of joint patta and pays the necessary charges, the same would be issued within a time frame that may be stipulated by this Court.

5. In response, learned counsel for petitioner would agree to take out the online application for issuance of joint patta in respect of the aforementioned property.

6. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to petitioner to take out application before the appropriate respondent and pay necessary fee in respect of the subject property within a period of four weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. On receipt of such payment, concerned respondent shall consider the request of petitioner for issuance of joint patta on the light of the Legal Heir Certificate and pass appropriate orders within a period of twelve weeks thereon after affording reasonable opportunity of hearing to petitioner, other legal heirs, adjacent land owners and other interested

parties if any. It is made clear that this Court has not expressed any view 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.

7. Accordingly, these Writ Petitions stand disposed of. However, there shall be no order as to costs.

23.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The District Collector, Tiruvannamalai, Tiruvannamalai District - 606 604.

2. The Revenue Divisional Officer, Cheyyar Taluk, Tiruvannamalai District - 604 407.

3. The Tahsildar, Vandavasi Taluk, Tiruvannamalai District - 604 408.

4. The District Collector, Villupuram, Villupuram District - 605 602.

5. The Revenue Divisional Officer, Tindivanam, Villupuram - 604 001.

6. The Tahsildar, Tindivanam Taluk, Villupuram District - 604 204.

MOHAMMED SHAFFIQ, J.

vji 23.06.2025