Saravanan v. The Revenue Tahsildhar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Saravanan
...Petitioner
Vs.
1.The Revenue Tahsildhar, Thittakudi Taluk, Cuddalore District.
2.Mr.S.Pandiyan ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the first respondent to consider and pass order based on the representation of the petitioner dated 13.05.2025, in accordance with law.
For Petitioner : Mr.A.Balaji For Respondents : Mr.P.Sathish Additional Government Pleader for R1 1/6
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 Respondent No.2 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the first respondent to consider and pass orders based on the representation of the petitioner dated 13.05.2025, in accordance with law.
3. It is submitted by the learned counsel for the petitioner that the property comprised in Survey No.130/4b in Ariyalur Village originally belonged to the petitioner's mother. The petitioner's mother died in the year 2019. After her demise, brother of the petitioner, who is arrayed as second respondent herein, applied for transfer of patta in his name. Under these circumstances, the petitioner submitted a representation dated 13.05.2025 before the first respondent, wherein it was stated that patta should not be transferred in favour of the petitioner's brother, until the petitioner is heard or if the patta is being transferred, a joint patta should 2/6
be issued including the petitioner's name. However, the said representation has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.
4. It is submitted by the learned counsel for the petitioner that as a legal heir, petitioner ought to be heard before mutation of records in favour of the second respondent. The learned counsel for the petitioner would also request the leave of this Court to take out an application for issuance of patta in favour of the petitioner.
5. It was submitted by the learned Additional Government Pleader for first respondent that the representation dated 13.05.2025, made by petitioner would be considered and appropriate orders would be passed. Further, if any such representation/online application is made/already made seeking transfer of patta by the second respondent, the same would be disposed of, after affording a reasoning opportunity of hearing to the petitioner as well as second respondent, or any other rival claimants, if any, in accordance with law, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner. 3/6
6. Recording the same, the first respondent shall consider the representation dated 13.05.2025 on merits and pass orders in accordance with law, within a period of twelve (12) weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. If an application is already filed by the second respondent, the same shall be decided, after putting the petitioner, respondent Nos.2 and any other interested persons/rival claimants, if any, on notice.
7. 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.
8. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.
18.06.2025 Speaking (or) Non Speaking Order mrn 4/6
To The Revenue Tahsildhar, Thittakudi Taluk, Cuddalore District.
5/6
MOHAMMED SHAFFIQ, J.
mrn 18.06.2025 6/6