Kakkappa v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Kakkappa ... Petitioner Vs.

1. The Secretary to Government, Revenue Department, State of Tamil Nadu, St.George Fort, Secretariat, Chennai - 600 009.

2. The District Collector, Krishnagiri District, Krishnagiri - 635 115.

3. The Tahsildar, Taluk Office, Hosur Taluk, Krishnagiri District- 635 001.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner representation dated 11.02.2025, consequently direct the third respondent to issue a patta document in petitioner's favour in respect of Hosur Onnalavadi Village Survey No.810/3, which in total extent

of 5 acres pursuant to the similar order passed in W.A.Nos.90 to 97 of 2020 dated 30.08.2023 under petitioner father's ex-servicemen quota as well as their enjoyed the properties for the past 70 years. For Petitioner :

Mr.T.V.G.Kartheeban For Respondents :

Mr.A.Selvendran Special Government Pleader

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing respondents to consider petitioner's representation dated 11.02.2025 and consequently to direct third respondent to issue patta in respect of the property comprised in Survey No.810/3 measuring an extent of 5 acres situated at Hosur Onnalavadi Village.

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

3. The case of the petitioner is that the lands comprised in Survey No.810/3 measuring an extent of 5 acres situated at Hosur Onnalavadi Village was issued to petitioner's father who worked as Ex-Service Man in

Indian Army. Since no patta has been issued, petitioner's father sought for issuance of patta in his name in respect of the subject property. In the meanwhile, his father died on 27.08.1981. After his demise, petitioner being the legal heir made a representation on 11.02.2025 seeking issuance of patta in respect of the subject property on the basis of G.O.(Ms)No.277, Revenue Department, dated 04.06.2004. However, the same has not been considered. Hence, the present writ petition has been filed.

4. Learned Special Government Pleader appearing for respondents would submit that as per G.O.(Ms)No.277, Revenue Department, dated 04.06.2004, confers benefits only on Ex-servicemen and not on the legal heirs. He would further submit that petitioner's father who is stated be an Ex-serviceman was issued with eviction notice treating him as an encroacher sometime in 1971. Therefore, petitioner may not have any right over the subject property. In any view, learned Special Government Pleader would submit that the representation dated 11.02.2025, made by petitioner would be considered keeping in view of G.O.(Ms)No.277 dated 04.06.2004 and the

order passed by the Division Bench of this Court in W.A.Nos.90 of 2020 etc., batch and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by learned counsel for petitioner.

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 concerned respondent, to consider the representation of the petitioner dated 11.02.2025 keeping in view of G.O.(Ms)No.277, Revenue Department, dated 04.06.2004 and the order passed by the Division Bench of this Court in W.A.Nos.90 of 2020 etc., batch dated 30.08.2023, on its own merits and pass appropriate orders in accordance with law within a period of sixteen (16) weeks from the date of uploading of the web copy without waiting for the receipt of certified copy, after affording reasonable opportunity of hearing to petitioner and other interested parties, including rival claimants, 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 case on its own merits and in accordance with law.

6. Accordingly, the Writ Petition stands disposed of. No costs. 08.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The Secretary to Government, Revenue Department, State of Tamil Nadu, St.George Fort, Secretariat, Chennai - 600 009.

2. The District Collector, Krishnagiri District, Krishnagiri - 635 115.

3. The Tahsildar, Taluk Office, Hosur Taluk, Krishnagiri District- 635 001.

MOHAMMED SHAFFIQ, J.

vji 08.07.2025