Savi Srinivasan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Savi Srinivasan ... Petitioner Vs.

1. The Commissioner, Survey and Settlements Department, Survey House, Chepauk, Chennai - 600 005.

2. The District Collector, Namakkal District.

3. The Revenue Divisional Officer, Namakkal District.

4. The Tahsildar, Kolli Hills Taluk (Vazhavanthinadu Village), Namakkal District.

5. Savi Kongan

6. Savi Raji ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents 2 to 4 to consider and pass appropriate order on the representation dated 10.01.2025 made by the petitioner to cancel the patta issued in favour of respondents 5 & 6 in respect of all that piece and parcel of agricultural land comprised in Survey No.330/4 in Thinnanoor Nadu Village, Kolli Hills Taluk, Namakkal District measuring an extent of 1 acre or thereabouts. For Petitioner :

Mr.U.Venkatesh (VC) For Respondents :

Mr.P.Sathish Addl. Govt. Pleader for R1 to R4

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 2 to 4 to consider and pass appropriate orders on the representation made by petitioner on 10.01.2025 wherein petitioner has sought for cancellation of patta that stands in the name of respondents 5 & 6.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed, notice to respondents 5 & 6 is dispensed with.

3. It is the case of the petitioner that he submitted a representation seeking cancellation of patta in respect of the property comprised in Survey No.330/4 measuring an extent of 1 acres situated at Thinnanoor Nadu Village, Kolli Hills Taluk, Namakkal District on 10.01.2025, however, the same was not considered. Aggrieved by the same, petitioner has approached this Court.

4. At the outset, it was submitted by learned Additional Government Pleader for respondents 1 to 4 that the representation dated 10.01.2025 made by petitioner would be considered and appropriate orders would be passed after issuing notice to petitioner and other interested parties within a time frame to be fixed by this Court, which was agreed to by 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 concerned respondent shall consider the application dated 10.01.2025 in accordance with law, after issuing notice to petitioner, respondents 5 & 6 and other interested parties including rival claimants, if any; ii) Though facts have been set out extensively in the extent of 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 orders in accordance with law but not limited to the provisions of the Tamil Nadu patta Pass Book Act and Rules.

iii) The petitioner's representation dated 10.01.2025 shall be disposed of within a period of twelve weeks from the date of uploading of the web copy without waiting for the receipt of certified copy; and iv) 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 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. With the above directions, this Writ Petition is disposed of. No costs.

07.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The Commissioner, Survey and Settlements Department, Survey House, Chepauk, Chennai - 600 005.

2. The District Collector, Namakkal District.

3. The Revenue Divisional Officer, Namakkal District.

4. The Tahsildar, Kolli Hills Taluk (Vazhavanthinadu Village), Namakkal District.

MOHAMMED SHAFFIQ, J.

vji 07.07.2025