K.Kannammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Kannammai : Petitioner Vs.

1.The District Collector, District Collector Office, Dharmapuri District 2.The Revenue Divisional Officer, Revenue Divisional Officer, Dharmapuri District 3.Sundaram : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the 2nd respondent to conduct enquiry and dispose of the representation of the petitioner dated 23.02.2023 pending on the file of the 2nd respondent herein in accordance with law and on merits within a time-frame.

For Petitioner : Mr.S.Prabhu For Respondents : Mr.P.Sathish, Additional Government Pleader, for respondents 1 and 2 1/5

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.3 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct the second respondent to conduct enquiry and dispose of the representation of the petitioner dated 23.02.2023 pending on the file of the 2nd respondent herein in accordance with law and on merits within a time-frame.

3. The case of the petitioner is that he submitted a representation dated 23.02.2023 before the second respondent seeking to cancel the sub division in Survey No.722/3A, situated at Nathathahalli Village, Dharmapuri District and to issue a corrected one. However, the said representation has not been considered so far by the second respondent. Aggrieved by the same, the petitioner has come before this Court.

4. At the outset, it was submitted by the learned Additional Government 2/5

Pleader for respondents 1 and 2 that the representation dated 23.02.2023, made by 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 petitioner.

5. 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, respondent No.3 and all other interested parties 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 23.02.2023 shall be disposed of within a period of eight weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

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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.

6. There will be no order as to costs.

08.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, District Collector Office, Dharmapuri District 2.The Revenue Divisional Officer, Revenue Divisional Officer, Dharmapuri District 4/5

MOHAMMED SHAFFIQ, J.

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