← Library
Madras High CourtWP/29732/2025disposed of

K.Ramachandran v. The District Collector

2025-08-14Honourable Mr.Justice Mohammed Shaffiq8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-08-2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Ramachandran Petitioner(s) Vs

1. The District Collector, Chengalpattu District.

2.The District Revenue Officer, Office of The Collector, Kancheepuram.

3.The Tahsildar, Chengalpattu Taluk.

4.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, A.K.Thangavelalar Street, Kancheepuram 5.The Assistant Commissioner, Hindu Religious And Charitable Endowment Department, District Collector Office Campus, Chengalpattu.

6.Arulmigu Devanatha Perumal Koil Rep By Its Executive Officer/hereditary Trust, Chettipunniyam Village, Singaperumal Koil, Chengalpattu Taluk and District-603204.

7.The Revenue Divisional Officer, V.O.C Nagar, Chengalpattu, Ammanabakkam, Chengalpattu District-603001.

(R-7, Suo-moto impleaded as per the order of this Court dated 14.08.2025 in W.P.No.29732 of 2025) Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India directing the respondents 1 to 3 to consider the petitioner's Representation dated 16.06.2025 thereby cancelling the Patta bearing patta No.1 in New Survey No.318/2A admeasuring an extent of 24 1/2 cents (kheezhandai) out of 49 cents, situated at Chettipunniyam village, Chengalpattu Taluk and consequently direct the Respondents 1 to 3 to issue Patta for the said property in Petitioner's favour within a time limit fixed by this Hon'ble Court. For Petitioner(s) : Ms.N.Lavanya For R-1 to R-3 & R-7 : Mr.P.Ganesan, Government Advocate For R-4 to R-6 : Mr.N.R.R.Arun Natarajan, Special Government Pleader (HR &CE)

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. This present petition is filed seeking for a writ of mandamus directing respondents 1 to 3 to consider the representation dated 16.06.2025 whereby the petitioner has sought for cancellation of patta that stands in the name of 6 th respondent in respect of the property comprised in Survey No.318/2A measuring an extent of Acre 0.24 1⁄2 cents, situated at Chettipunniyam Village, Chengalpattu District.

3. It is submitted by the learned counsel for the petitioner that originally the petitioner's grandmother namely Pottiyammal had purchased the subject property from one Parthasarathi Ayyangar by way of a registered Sale Deed bearing Document No.3104/1956 on the file of the Sub-Registrar Office, Chengalpattu in the year 1956. After the demise of his grandmother, the petitioner being the only legal heir, had approached the Village Administrative

Officer, Chettipunniyam Village for issuance of kist receipt however, the same was rejected on the premise that the Old Survey No.318/2 has been sub-divided as Survey No.318/2A and 2B. Further, the patta with respect to new Survey th respondent in Patta No.1 under No.318/2A has been mutated in favour of the 6 UDR Scheme inspite of the fact that the said portion of the property belongs to the petitioner's maternal grandmother.

4. It is further submitted by the learned counsel for the petitioner that though the petitioner had made several representations to the respondent authorities with regard to mutation of patta which now stands in the name of the th respondent, till date no action has been taken on the same. Aggrieved by rd respondent, which, the petitioner sent a legal notice dated 15.03.2025 to the 3 however, the same was not considered. In this regard, the petitioner also sent a representation dated 16.06.2025 to the respondents 1 to 3 however, the same is yet to be disposed of by the respondents. Hence, the petitioner has come before this Court.

5. At the outset, the Learned Government Advocate appearing for respondents 1 to 3 & 7 would submit that that petitioner ought to have submitted a representation before the Revenue Divisional Officer. If any such representation is filed before the RDO, the same would be considered and appropriate orders would be passed, in accordance with law, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

6. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) It is open to the petitioner to submit a representation before the RDO. ii) If any such representation is submitted, the RDO shall consider the same, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, 6 th respondent and all other interested parties including rival claimants, if any and dispose of, within a period of twelve weeks from the date of filing of any such representation.

iii) 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.

iv) 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.

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

14-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Nhs

To 1.The District Collector, Chengalpattu District.

2.The District Revenue Officer, Office Of The Collector, Kancheepuram.

3.The Tahsildar, Chengalpattu Taluk.

4.The Joint Commissioner, Hindu Religious And Charitable Endowment Department, A.K.Thangavelalar Street, Kancheepuram.

5.The Assistant Commissioner, Hindu Religious And Charitable Endowment Department, District Collector Office Campus, Chengalpattu. 6.Arulmigu Devanatha Perumal Koil Rep By Its Executive Officer/hereditary Trust, Chettipunniyam Village, Singaperumal Koil, Chengalpattu Taluk And District 7.The Revenue Divisional Officer, V.O.C Nagar, Chengalpattu, Ammanabakkam, Chengalpattu District-603001.

MOHAMMED SHAFFIQ J.

Nhs 14-08-2025