V.Santhanam v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ V.Santhanam, S/o.Late Venugopal ... Petitioner Vs.

1.The District Collector, Office of the District Collectorate, Mayiladuthurai - 609 001.

2.The Revenue Divisional Office, Sirkazhi Taluk, 3.The Tahsildar, Taluk Office, Sirkazhi Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents to consider the representation dated 22.04.2025 and issue patta in favour of the petitioner for the wet land of an extent of 1 acre comprised in Survey No.194/2 of Pazhayapalayam Village, Sirkazhi Taluk, Mayiladuthurai District namely the land assigned to the petitioner under the Deed of Assignment dated 28.04.1978 issued by the authorized officer (land reforms).

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For Petitioner : Mr.S.Sadasharam For Respondents : 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.

2. The present writ petition is filed for a writ of mandamus, to direct the respondents to consider the representation dated 22.04.2025 and to issue patta in favour of the petitioner in respect of the land measuring an extent of 1 Acre, comprised in S.No.194/2, situated at Pazhayapalayam Village, Sirkazhi Taluk,

3. It is stated by the petitioner that he is the absolute owner of the subject land. The petitioner would submit that above land was assigned by the Authorized Officer (Land Reforms) under the provisions of the Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules, 1965 vide Assignment Order dated 28.04.1978. It is stated that the value of the land as determined and called upon under the Assignment Order has also been paid and discharged in full. 2/6

3.1. It is further stated that the 3rd respondent has confirmed the payment vide his communication-cum-recommendation dated 18.01.2012, addressed to the Joint Commissioner of Land Reforms, Mayiladuthurai District. 3.2. It was thus stated by the petitioner that in terms of Clause (8) of the conditions attached to Form-F of Deed of Assignment of Surplus Land under Section 94 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 59 of 1961), the petitioner becomes the absolute owner of the subject land. Under these circumstances, the petitioner submitted an application in February 2024 for issuance of Patta followed by another representation dated 11.07.2024.

3.3. It is stated that the 3rd respondent had directed the Taluk Deputy Surveyor to submit a report on inspection of the site along with sub-division records vide his/her communication dated 20.11.2024. However, inasmuch as there was no action taken thereafter, the petitioner submitted yet another representation on 22.04.2025 to the 1st respondent, claiming patta for the land. It is submitted that the above request is still pending. Hence, this writ petition. 3/6

4. At the outset, it is submitted by the learned Special Government Pleader for the respondents that they would inquire as to whether the petitioner has complied with all the conditions stipulated in Form-F and thus entitled to get patta and also to the inspection. It is further submitted by the learned Special Government Pleader that the representation dated 22.04.2025, made by the petitioner would be considered and appropriate orders would be passed within a time frame that may be fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the respondents, to consider the representation dated 22.04.2025 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of twelve (12) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the matter and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. 4/6

6. This writ petition, is thus, disposed of. No costs. 18.07.2025 Speaking (or) Non Speaking Order arb To 1.The District Collector, Office of the District Collectorate, Mayiladuthurai - 609 001.

2.The Revenue Divisional Office, Sirkazhi Taluk, 3.The Tahsildar, Taluk Office, Sirkazhi Taluk, 5/6

MOHAMMED SHAFFIQ, J.

arb 18.07.2025 6/6