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Madras High CourtWP/31073/2025disposed of

Archana v. The State Of Tamil Nadu

2025-08-28Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.34830 of 2025 J.Archana

...Petitioner

Vs 1.The State of Tamil Nadu, Rep by the Secretary to Government, Revenue Department, Fort St.George, Chennai-600 104.

2.The District Collector, Villupuram, Villupuram District.

3.The Revenue Division Officer (RDO), Villupuram, Villupuram District.

4.The Tahsildar, Melmalayanur, Villupuram District.

5.P.Komathi 6.A.Poomalli

...Respondents

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Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent herein to issue patta to her 5 cents of house site land, comprised in -survey no.63, 132, Avalurpettai village, Melmalayanur Taluk, Villupuram District within a time limit. For Petitioner : J.Archana (Party in Person) For Respondent : Mr.A.Selvendran, Special Government Pleader For R1 to R4

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 Respondent Nos.5 & 6 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus directing the 3rd respondent to issue patta in favour of the petitioner in respect to the subject property comprised in Survey Nos.63 and 132, measuring an extent of 5 cents situated at Avalurpettai village, Melmalayanur Taluk, Villupuram District.

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3. It is submitted by the learned counsel for petitioner that petitioner submitted a representation dated 20.10.2023, before the respondents seeking issuance of patta in respect of the subject property. He further submitted that since no action has been taken, the petitioner made another representation dated 07.07.2025 for issuance of patta, however, the same is yet to be considered. Aggrieved by the same, petitioner has come before this Court.

4. When this was pointed out, learned Special Government Pleader for Respondents Nos.1 to 4 would submit that petitioner's representation for issuance of patta would be considered and appropriate orders would be passed in accordance with law, after issuing notice to the petitioner and any other interested parties, rival claimants, if any, 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; 3/6

i) The concerned respondent shall consider the representation dated 07.07.2025, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, 5th and 6th respondents and any 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 consider the facts and law set out in the representation and pass appropriate independently order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules.

iii) The petitioner's representation dated 07.07.2025 shall be disposed of within a period of 12 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. 4/6

6. There will be no order as to cost. Consequently, connected miscellaneous petition is closed.

28.08.2025 Index : Yes/ No Speaking (or) Non Speaking Order Nhs To 1.The Secretary to Government, State of Tamil Nadu, Revenue Department, Fort St.George, Chennai-600 104.

2.The District Collector, Villupuram, Villupuram District.

3.The Revenue Division Officer (RDO), Villupuram, Villupuram District.

4.The Tahsildar, Melmalayanur, Villupuram District.

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MOHAMMED SHAFFIQ, J.

Nhs and W.M.P.No.34830 of 2025 28.08.2025 6/6