Kalavathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.Kalavathi 2.R.Nandhini 3.R.Vaishnavi 4.V.M.Ganesh 5.G.A.Harini ... Petitioners Vs.

1. The District Collector, Kanchipuram District Collectorate Campus, Kanchipuram-631 501.

2.The Revenue Divisional Officer, Kanchipuram District Collectorate Campus, Kanchipuram-631 501.

3.The Tahsildar, Kanchipuram Taluk Office, Kanchipuram, Kanchipuram District.

4.The Sub-Registrar, Joint IV Sub-Registrar, Kanchipuram.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the second respondent to mutate all the revenue records including patta jointly in favour of the petitioners on the basis of the representation in favour of the respondents dated 28.04.2025 in respect of the property situated in Survey No.114, No.84, Nathapettai Village, Kanchipuram Taluk and Village, measuring to an extent of acre 04.71 cents.

For Petitioners :

Mr.G.K.Sekar For Respondents :

Mr.A.Selvendran Spl. Govt. Pleader for R1 to R4

O R D E R

This Writ Petition has been filed seeking issuance of a writ of mandamus to direct second respondent to mutate the revenue records including patta jointly in favour of petitioners on the basis of the representation dated 28.04.2025 made by the petitioners in respect of the property in Survey No.114 situated at No.84, Nathapettai Village, Kanchipuram Taluk and Village, measuring an extent of 04.71 cents.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the property comprised in Survey No.114, situated at No.84, Nathapettai Village, Kanchipuram Taluk and Village, was purchased by the grandfather of the husband of first petitioner and from the date of purchase, the father of first petitioner's husband and first petitioner's husband were in continuous possession and enjoyment of the property. First petitioner's husband died on 08.08.2024 and while he was alive, he had filed an application before the Tahsildar for change of patta with survey number of the property in his name. In reply, the Tahsildar stated that the subject property stands in the name of Mohammed Gouse Saheb. Therefore, on 28.04.2025, petitioners have sent a representation to the respondents to issue patta in favour of them. Since the same was not considered, the present writ petition has been filed.

4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader appearing for respondents 1 to 4 that they will consider the petitioners' representation within a time stipulated by this Court, which was agreed to by learned counsel for petitioners.

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 representation dated 28.04.2025 in accordance with law, after issuing notice to petitioners and all other interested parties including rival claimants, if any;

ii) Though facts have been set out in the extent of affidavit, this court does not propose to deal with it while leaving it open to the concerned respondent to call for any document / conduct enquiry, if any, while considering the representation for issuing patta. It is also open to the

concerned respondent to call for documents to satisfy itself of the petitioners' entitlement for issuing patta in respect of subject property;

iii) The entire process shall be completed within a period of 16 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 petitioners and all other interested parties are left open.

6. With the above directions, this Writ Petition is disposed of. No costs.

29.07.2025 NCC: Yes / No (1⁄2) Index : Yes / No Speaking Order : Yes / No ssb

To

1. The District Collector, Kanchipuram District Collectorate Campus, Kanchipuram-631 501.

2.The Revenue Divisional Officer, Kanchipuram District Collectorate Campus, Kanchipuram-631 501.

3.The Tahsildar, Kanchipuram Taluk Office, Kanchipuram, Kanchipuram District.

4.The Sub-Registrar, Joint IV Sub-Registrar, Kanchipuram.

MOHAMMED SHAFFIQ, J.

ssb 29.07.2025 (1⁄2)