A.Dharmalingam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Dharmalingam ... Petitioner Vs.

1. The District Collector, Tiruvannamalai District, Tiruvannamalai - 606 604.

2. The District Revenue Officer, Office of the District Collector, Collectorate, Tiruvannamalai, Tiruvannamalai District - 606 604.

3. The Tahsildar, Chengam Taluk Office, Chengam, Tiruvannamalai District.

4. A.Mahendiran

5. A.Manogaran ... Respondent

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents 1 to 3 to dispose of the representation dated 30.04.2025 given by the petitioner. For Petitioner :

Mr.C.Pushparaj For Respondents :

Mr.R.P.Murugan Raja Government Advocate for R1 to R3

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing respondents to dispose of the representation dated 30.04.2025 whereby petitioner had requested for restoration of patta in his name.

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 4 & 5 is dispensed with.

3. The case of the petitioner is that he along with his paternal uncle viz., Veerasamy Pillai purchased property comprised in Survey No.61/1A2 measuring an extent of 2.93 acres situated at Thokkavadi Kollakottai Village, Chengam Taluk, Tiruvannamalai District from

Chinnapaiyan and others vide sale deed registered as Document No.450 of 1964 dated 06.02.1964 on the file of Sub Registrar Office, Chengam. The above property was thereafter orally partitioned between petitioner and his paternal uncle. Petitioner also obtained joint patta and thereafter settled the property in favour of his son, viz., Venugopal in terms of settlement deed registered as Document No.9833 of 2022 on the file of Sub Registrar Office, Chengam. Petitioner thereafter found that UDR Patta No.35 has been issued in the name of Appadurai, who is the brother of petitioner in respect of the property which was allotted to him pursuant to the oral partition entered into between petitioner and his paternal uncle. It is also found that Appadurai settled the above properties comprised in Old Survey No.61/1A2, New Survey Nos.

61/3 & 61/5 measuring an extent of 1.48 acres in favour of his two sons and they obtained patta in their name vide Patta Nos.1689 and 1642 respectively. Since the property has already been settled by petitioner in favour of his son, petitioner and his son submitted a representation dated 30.04.2025 requesting cancellation of patta and the same is stated to be pending. Hence, the present writ petition has been filed.

4. Learned Government Advocate appearing for respondents 1 to 3 submitted that the concerned respondent would conduct an enquiry after affording opportunity to petitioner and his son, Venugopal, Appadurai and his sons, viz., Manoharan and Mahendiran and any other interested parties and the representation would be considered and orders will be passed within the time frame to be fixed by this Court.

5. Taking into consideration the facts and circumstances of the case and the submissions made on either side, there shall be a direction to the concerned respondent to act upon the representation made by petitioner and his son Venugopal on 30.04.2025 and conduct enquiry with regard to restoration of patta by issuing notice to petitioner and his son, Venugopal, Appadurai and his sons, Manoharan and Mahendiran and affording an opportunity of hearing to all interested parties and orders shall be passed on its own merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. 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 case on its own merits and in accordance with law.

6. Accordingly, the Writ Petition stands disposed of. No costs. 10.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The District Collector, Tiruvannamalai District, Tiruvannamalai - 606 604.

2. The District Revenue Officer, Office of the District Collector, Collectorate, Tiruvannamalai, Tiruvannamalai District - 606 604.

3. The Tahsildar, Chengam Taluk Office, Chengam, Tiruvannamalai District.

MOHAMMED SHAFFIQ, J.

vji 10.07.2025