Krishnan.M v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Krishnan ... Petitioner Vs.

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

3. The Tashildar, Palacode Taluk, Dharmapuri District.

4. K.Ramar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India,praying to issue a Writ of Mandamus, directing the 3rd respondent to issue patta in favour of the petitioner for the land possessed by the petitioner in Survey No.351/2A situated in Karakur Village, Pevuhalli Panchayat, Seeriyanahalli Post, Pincode 636808, Palacode Taluk, Dharmapuri District, based on the representation dated 19.05.2025 as well as the proceedings of the 2nd respondent in O.Mu.No.3674/2025/A3 dated 02.06.2025.

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For Petitioner(s) : Mr.P.Ganesan 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 3rd respondent to issue patta in favour of the petitioner, in respect of the land comprised in Survey No.351/2A, situated in Karakur Village, Pevuhalli Panchayat, Seeriyanahalli Post, Palacode Taluk, Dharmapuri District, based on the representation dated 19.05.2025 and proceedings of the 2nd respondent dated 02.06.2025.

3. It is submitted by the learned counsel for the petitioner that petitioner's father was in possession and enjoyment of the land comprised in Survey No.351/2A, admeasuring 1 Acre and 48 cents, situated in Karakur Village, Pevuhalli Panchayat, Seeriyanahalli Post, Palacode Taluk, Dharmapuri District. 2/6

The said land has been classified as "Anathenam" in Revenue Records. After the death of petitioner's father, petitioner occupied the said land. 3.1. It is submitted by the learned counsel for the petitioner that the petitioner submitted a representation dated 12.06.2022 before Revenue Department Authorities seeking to issue patta in his name. Meanwhile, during UDR Scheme 4th respondent was granted patta mistakenly in respect of the subject property. The 4th respondent taking advantage of the patta executed sale deed in favour of his grandsons. Thus petitioner submitted a representation before the respondents on 19.05.2025 seeking to cancel the patta issued to the 4th respondent and to issue patta in the name of the petitioner. However, petitioner's representation was not considered by the respondents till date. Aggrieved by the same the present writ petition has been filed before this Court.

4. At the outset it is submitted by the learned Special Government Pleader that the subject property is anadheenam and therefore it may not be possible to issue patta as sought for by the petitioner. In any event the, 2nd respondent would consider the representation and pass orders after issuing notice to the petitioner and 4th respondent and any other interested parties within a time frame to be fixed by this Court, which was 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 2nd respondent to consider petitioner's representation dated 19.05.2025 and pass appropriate orders after putting the petitioner, 4th respondent and any other interested parties on notice and after affording the petitioner, 4th respondent and any other interested parties a reasonable opportunity of hearing within a period of 12 weeks from the date of uploading of web copy without waiting for the receipt of certified copy. 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. 08.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp 4/6

To:

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

3. The Tashildar, Palacode Taluk, Dharmapuri District.

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MOHAMMED SHAFFIQ, J.

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