K.Srinivasan v. District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.21831 of 2025 and W.M.P.No.24609 of 2025 K.Srinivasan ... Petitioner Vs.
1. District Revenue Officer, Chennai District, Chennai.
2. Revenue Divisional Officer, North Chennai, Madhavaram, Chennai 600 066.
3. The Tahsildar, Madhavaram Taluk, Madhavaram, Chennai.
4. Chandrika ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to dispose of 1/6
appeal under Section 12 of the Tamil Nadu Patta and Passbook Act dated 06.06.2025.
For Petitioner(s) : Mr.CKM Appaji For R1 to R3 : Mr.A.Selvendran Special 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 the 4th respondent is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the 1st respondent to dispose of the appeal dated 06.06.2025, filed under Section 12 of the Tamil Nadu Patta and Passbook Act.
3. It is submitted by the learned counsel for the petitioner that the petitioner's mother Pushpammal was the absolute owner of the property comprised in Survey No.1409, T.S.No.53, Ward-D, Block-46, Madura Lakshmi Puram Village, Saidapet Taluk, presently Madhavaram Village, Madhavaram 2/6
Taluk, Chennai. It is further submitted that the petitioner's father passed away on 04.01.1990 and petitioner's mother passed away on 04.10.2009. Being the sole surviving legal heir, petitioner succeeded his mother's property. A legal heir certificate was issued to the petitioner on 05.11.2024. Patta No.4677 was also issued in petitioner's name in respect of the subject property. 3.1. It is submitted by the learned counsel for the petitioner that the 4th respondent herein had obtained patta in respect of the subject property allegedly on the basis of fabricated/fraudulent documents. Pursuant thereto, the petitioner filed a petition/representation/application to cancel the patta issued on the basis of alleged fabricated/ fraudulent documents. It was however rejected by the 2nd respondent vide order dated 26.05.2025.
Aggrieved, the petitioner had preferred an Appeal dated 06.06.2025, under Section 12 of the Tamil Nadu Patta and Pass Book Act. The learned counsel for the petitioner would further submit that there is threat of alienation and encumbrance of the petitioner's property and therefore would request that the appeal may be disposed of within a time frame that may be fixed by this Court.
4. The learned Special Government Pleader would submit that the Appeal dated 06.06.2025 would be disposed of within a time period to be fixed by this Court, agreed to by the learned counsel for the petitioner. 3/6
5. In view thereof, the writ petition stands disposed of, with a direction to the respondents to dispose of the appeal within a period of 8 weeks from the date of uploading of the order, after affording the petitioner and 4th respondent a reasonable opportunity of hearing. If there is any threat which is real and eminent of alienation of subject property it is always open to the petitioner to take recourse to remedies that is available in law. 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. No costs. Consequently, connected miscellaneous petition is closed.
23.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp 4/6
To:
1. District Revenue Officer, Chennai District, Chennai.
2. Revenue Divisional Officer, North Chennai, Madhavaram, Chennai 600 066.
3. The Tahsildar, Madhavaram Taluk, Madhavaram, Chennai.
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MOHAMMED SHAFFIQ, J.
spp W.P. No.21831 of 2025 23.06.2025 6/6