T.Devaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ T.Devaraj : Petitioner Vs.
1.The District Collector, Krishnagiri District, Krishnagiri.
2.The Revenue Divisional Officer, Office of the Revenue Divisional, Hosur Taluk, Krishnagiri District.
3.The Thasildar, SoolagiriTaluk, Krishangiri District.
4.D.Munirathinama : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, to direct the second respondent herein to cancel the patta No.6 in respect of S.No.40/3I -0.51.5 cents at Devarkuttapalli 1/6
Village, Hosur Taluk, Krishnagiri District on the basis of representation made by the petitioner by registered post to the respondents and consequently direct the second respondent herein to issue patta in the name of legal heirs of late Tippan in respect of S.No.40/3I-0.57.5 cents, S.No.40/2C -0.03.5 cents at Devarkuttapalli Village, Hosur Taluk, Krishnagiri District on the basis of representation and documents submitted by the petitioner and pass orders. For Petitioner : Mr.L.Muthusamy For Respondents : Mr.S.Balamurugan Government Advocate 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 the Respondent No.4 is dispensed with.
2. The present writ petition is filed praying for a writ of Mandamus to direct the second respondent herein to cancel patta No.6 in respect of property 2/6
comprised in S.No.40/3I -0.51.5 cents situated at Devarkuttapalli Village, Hosur Taluk, Krishnagiri District on the basis of the representation made by the petitioner to the respondents and consequently direct the second respondent herein to issue patta in the name the of legal heirs of late Tippan in respect of S.No.40/3I-0.57.5 cents, S.No.40/2C -0.03.5 cents at Devarkuttapalli Village, Hosur Taluk, Krishnagiri District on the basis of representation dated 10.02.2025 and documents submitted by the petitioner.
3. At the outset, it was submitted by the learned Government Advocate for respondents 1 to 3 that the representation dated 10.02.2025, made by the petitioner 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 the petitioner.
4. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions; i) The second respondent shall consider the representation, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, 3/6
respondent No.4, and all other interested parties/legal heirs including rival claimants, if any.
ii) 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.
iii) The petitioner's representation dated 10.02.2025 shall be disposed of within a period of sixteen (16) weeks from the date of uploading of web copy without waiting for the receipt of certified copy. 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. 4/6
5. Accordingly, the writ petition stands disposed of. There will be no order as to costs.
18.06.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, Krishnagiri District, Krishnagiri.
2.The Revenue Divisional Officer, Office of the Revenue Divisional, Hosur Taluk, Krishnagiri District.
3.The Thasildar, SoolagiriTaluk, Krishangiri District.
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MOHAMMED SHAFFIQ, J.
mrn 18.06.2025 6/6