Selvakumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Selvakumar

...Petitioner

Vs.

1.The District Collector, Salem.

2.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Sankari, Salem District.

3.The Thasildar, Office of Thasildar, Sankari, Salem District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the first respondent herein to reclassify the property comprised in Old SF No.221/3 New Survey No.755/13 at Morur West Bit I, Salem District as Natham land and consequently grant patta in the name of the petitioner by considering the representation of the petitioner herein dated 26.07.2024 within the time fixed by this Court and pass orders. 1/6

For Petitioner : Mr.R.Nalliyappan For Respondents : 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 first respondent to re-classify the property comprised in Old SF No.221/3 New Survey No.755/13 at Morur West Bit I, Salem District as Natham land and consequently grant patta in the name of the petitioner by considering the representation of the petitioner herein dated 26.07.2024 within the time fixed by this Court

3. It is submitted by the learned counsel for the petitioner that originally the property comprised in Old SF No.221/3 New Survey No.755/13 at Morur West Bit I, Salem District was acquired by the ancestors of the petitioner vide sale deeds dated 26.10.1944 and 22.10.1946 registered at Sub Registrar, SankariDurg, Salem District in Document Nos.1567 of 1944, 1644 of 1944 and 1646 of 1946. 2/6

Subsequent to that, some of co-sharers of the said property filed a partition suit in in O.S.No.297 of 2007 on the file of District Munsif Court, Sankari. Pursuant to the judgment and decree dated 03.12.2009 in the said partition suit, petitioner's father was allotted property comprised in Old SF No.221/3 New Survey No.755/13 at Morur West Bit I, Salem District measuring an extent of 12 1/2 cents. It is stated that the said property is a Natham Land. However, the respondents have wrongly classified as porampoke land. Hence, the petitioner submitted a representation dated 26.07.2024 before the first respondent seeking to reclassify the subject land as Natham Land and consequently grant patta. However, the said representation has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.

4. At the outset, it was submitted by the learned Special Government Pleader for respondents that the representation dated 26.07.2024, made by petitioner would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner. 3/6

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 first respondent, to consider the representation dated 26.07.2024 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 parties 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 representation and it is open to the concerned respondent to consider the representation 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.

13.06.2025 Speaking (or) Non Speaking Order mrn 4/6

To 1.The District Collector, Salem.

2.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Sankari, Salem District.

3.The Thasildar, Office of Thasildar, Sankari, Salem District.

5/6

MOHAMMED SHAFFIQ, J.

mrn 13.06.2025 6/6