M.Mani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Mani ... Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, Siruvangoor Village, 3.The Tahsildhar, Siruvangoor Village, 4.S.K.Maarimuthu 5.M.Madhavan 6.M.Sandhya

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the representation dated 10.05.2025 and mutate the patta in name of the petitioner for the Survey No.75/10, Siruvangoor Village, Kallakuruchi District and pass orders. For Petitioner(s) : Ms.Mridula Royan For Respondent(s) : Mr.A.Selvendran 1/6

Special Government Pleader for R1 to R3

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 respondent Nos.4 to 6 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct the respondents to consider the representation dated 10.05.2025 and mutate the patta in name of the petitioner for the Survey No.75/10, Siruvangoor Village,

3. It is submitted by the learned counsel for the petitioner that the petitioner's grandfather purchased the subject property measuring an extent of 21 cents vide registered sale dated dated 12.06.1954, in Doc No.1568 of 1954, before the Sub Registrar Office, Kallakuruchi District. After his demise, petitioner's father inherited the subject property and patta was issued in Patta No.106 in respect of the subject property. After his demise, petitioner has been in absolute possession and enjoyment of the subject property and by virtue of 2/6

oral family arrangement between the legal heirs, petitioner inherited the subject property. While so, it was noticed that patta has been mutated in the name of fourth respondent in respect of the subject property and the patta issued in the name of petitioner's father in Patta No.106 has been cancelled by the respondents 2 and 3 without issuing providing an opportunity of hearing to the petitioner. Hence, the petitioner submitted representation dated 10.05.2025 seeking transfer of patta in the name of the petitioner, in respect to the subject property. Thought the said representation also contains the request for cancellation of settlement deed, the petitioner would confine his prayer only with regard to mutation of patta in respect to subject property, in his name. 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 10.05.2025, made by petitioner would be considered with regard to mutation of patta in respect to the subject property in his name 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.

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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 official respondents, to consider the representation dated 10.05.2025 with regard to mutation of patta in respect to the subject property in his name, on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, respondent Nos.4 to 6 and any other interested persons/rival claimants, if any, 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.

26.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:

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1.The District Collector, 2.The District Revenue Officer, Siruvangoor Village, 3.The Tahsildhar, Siruvangoor Village, 5/6

MOHAMMED SHAFFIQ, J.

mrn 26.06.2025 6/6