K.Jaya v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.Nos.23921 & 23922 of 2025 1.K.Jaya 2.S.Shyamala ... Petitioners Vs.
1.The District Collector, District Collectorate Office, Chennai - 600 001.
2.The Revenue Divisional Officer, Revenue Administration Department, Guindy, Chennai - 600 035.
3.The Tahsildar, Sholinganallur Taluk, Chennai.
4.Questiva Estate LLP, Rep. by its authorized signatory Mr.Eswaran Durai No.50/2, W.S5, Catherdral Road, Gopalapuram, Chennai - 600 086.
5.Arihant Foundations & Housing Ltd., New No.3, Old No.25, Ganapathy Colony, 3rd Lane, Off, Cenotaph Road, Teynampet, Chennai - 600 018. ... Respondents 1/7
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd respondent to consider Petitioner representation dated 06.05.2024 and to conduct a detailed enquiry to cancel the illegal patta bearing No:12267 obtained by the 4th respondent to the land comprised in Survey No.71/2 and 72/2 (71/2B & 72/2B) and measuring to an extent of 41 cents situated at Okkiyam, Thoraipakkam, Tambaram Taluk (Now Sholinganallur Taluk), Kanchipuram District (now Chennai District). For Petitioner(s) : Mr.M.Elumalai For Respondent(s) : Mr.P.Sathish Additional 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. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondents 4 and 5 are dispensed with. 2.The present writ petition is filed praying for a writ of mandamus to direct the 3rd respondent to consider petitioners' representation dated 06.05.2024 and to conduct a detailed enquiry to cancel the illegal patta bearing No.12267 obtained by the 4th respondent in S.No.71/2 and 72/2 2/7
(71/2B & 72/2B) and measuring to an extent of 41 cents situated at Okkiyam, Thoraipakkam, Tambaram Taluk.
3.It is submitted by the learned counsel for the petitioners that the petitioners submitted a representation on 06.05.2024 seeking cancellation of alleged illegal patta. However, the said representation has not been considered so far by 3rd respondent. Aggrieved by the same, the petitioners have come before this Court.
4.Learned Additional Government Pleader would submit that the appropriate Authority is the second respondent viz., the Revenue Divisional Officer, Guindy, Chennai. However, no representation has been made to the Revenue Divisional Officer. In fact, the petitioner submitted a representation before the Tahsildar, Sholinganallur Taluk/3rd respondent and the District Collector, Chennai/1st respondent, the District Collector, Chennai in turn had called for a report from the Tahsildar, Sholinganallur Taluk. However, it is submitted by the learned Additional Government Pleader that it is necessary for the petitioners to submit a representation to the 2nd respondent viz., Revenue Divisional Officer, Guindy, Chennai.
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5.At this juncture, learned counsel for the petitioners would submit that they would submit a representation to the Revenue Divisional Officer, Guindy, Chennai and on such representation being made, the 2nd respondent may consider and pass orders within a time frame to be fixed by this Court.
6.At the outset, it is submitted by the learned Special Government Pleader for respondents that if such representation is submitted, the same 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 petitioners.
7.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 2nd respondent, to consider the representation on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioners and respondents 4 & 5 and any other interested persons/stake holders, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not 4/7
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.
8.Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 17.06.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam Note: Upload order copy on 20.06.2025 5/7
To 1.The District Collector, District Collectorate Office, Chennai - 600 001.
2.The Revenue Divisional Officer, Revenue Administration Department, Guindy, Chennai - 600 035.
3.The Tahsildar, Sholinganallur Taluk, Chennai.
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MOHAMMED SHAFFIQ, J.
pam 17.06.2025 7/7