S.Martin v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Martin : Petitioner Vs.

1.The District Collector, Salem, Salem District.

2.The Revenue Divisional Officer, Salem Revenue Divisional Office, Salem District.

3.The Tahsildhar, Vazhapadi Taluk, Salem District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the third respondent to issue patta in favour of the petitioner situated in Agrahara Vazhapadi Village Natham Survey No.134/18, 134/19 at Door No.9/1, St-3, Ayyagoundar Street, Ward WD-No.11 and pass orders.

For Petitioner : Mr.V.Balamurugan 1/6

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 praying for a writ of mandamus to direct the third respondent to issue patta in favour of the petitioner for the property comprised in Survey No.134/18, 134/19 situated at Door No.9/1, St-3, Ayyagoundar Street, Ward WD-No.11, Agrahara Vazhapadi Village.

3. It is the case of the petitioner that he submitted a representation dated 10.02.2025 before the respondents seeking issuance of natham residential patta in his name in respect of the subject property. The said representation was not considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.

2/6

4. At the outset, it was submitted by the learned Special Government Pleader for respondents that the representation dated 10.02.2025, made by petitioner would be considered, keeping in view the relevant Government Order including G.O.(Ms) No.97, Revenue and Disaster Management Department dated 21.02.2025 and appropriate orders would be passed, within a time frame to be fixed by this Court, which was agreed to by the 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 first respondent shall consider the representation dated 10.02.2025 keeping in view the relevant Government Order including G.O.(Ms) No.97, Revenue and Disaster Management Department dated 21.02.2025, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and all other interested parties including rival claimants, if any. ii) Though facts have been set out in 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 order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act 3/6

and Rules.

iii) The petitioner's representation dated 10.02.2025 shall be disposed of within a period of eight (8) weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

iv) 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. Rights and contentions of the petitioner and all other interested parties are left open.

6. Accordingly, the writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. 16.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, Salem, 4/6

Salem District.

2.The Revenue Divisional Officer, Salem Revenue Divisional Office, Salem District.

3.The Tahsildhar, Vazhapadi Taluk, Salem District 5/6

MOHAMMED SHAFFIQ, J.

(mrn) 16.07.2025 6/6