A.Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Kumar ... Petitioner Vs.

1.The District Collector, Tiruvallur Collector Office, Chinna Ekkadu, Jaya Nagar, Tiruvallur - 602 001.

2.The Revenue Divisional Officer, Revenue Divisional Office, Bharathiyar Street, S.P.Nagar, Kakkalur, Tiruvallur - 602 003.

3.The Tahsildar, Tahsildar Office, JN Road, 184/12b, NH-716, Jaya Nagar, Kakkalur, Tiruvallur District - 602 001.

4.The Village Administrative Officer, Office of the Village Administrative Officer, Ulundai Village, Tiruvallur District - 602 105.

5.V.Munusamy ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 20.06.2025 given to the respondents and direct the 3rd respondent to issue a Patta in favour of the petitioner for the lands to the extent of 0.78 Cents in S.No.305/2 and 0.56 Cents in S.No.305/3 totalling upto 1 Acre 34 Cents situated in Ulundai Village, Tiruvallur District after due enquiry. For Petitioner :

Ms.M.Adhishree for Mr.D.Thanuskumar For Respondents :

Mr.A.Selvendran Special Government Pleader for R1 to R4

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to consider petitioner's representation dated 20.06.2025 given to the respondents and direct the 3rd respondent to issue a Patta in favour of the petitioner for the lands measuring extent of 0.78 Cents in S.No.305/2 and 0.56 Cents in S.No.305/3 totaling upto 1 Acre

34 Cents situated in Ulundai Village, Tiruvallur District after due enquiry.

2. 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 5th Respondent is dispensed with.

3. The case of the petitioner is that petitioner's mother was the absolute owner of the land measuring an extent of 0.78 cents in S.No.305/2 and 0.56 cents in S.No.305/3 situated at Ulundai Village, Tiruvallur District. The lands are being utilised for cultivation purposes. On 08.01.2011 petitioner's mother passed away due to illness. After the demise of his mother, his father and petitioner are in possession of 1 Acre 49 cents of land. On verification of certain records, the 3rd respondent Tahsildar had issued patta to 5th respondent, who is the brother of petitioner's mother. It is submitted 3rd respondent has granted patta to the 5th respondent without proper verification of Revenue records. In this connection, petitioner

submitted representation requesting them to cancel the patta issued to the 5th respondent and grant patta in the name of the legal heirs of his mother. However, the said representation has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.

4. It is submitted by the learned Special Government Pleader for the respondents, that against the patta issued in favour of the 5th respondent, petitioner has already preferred an appeal and the same is pending before the 2nd respondent. He would further submit that as a matter of fact, enquiry is fixed on 25.07.2025. The petitioner having preferred an appeal, in this connection, the petitioner also submitted a representation dated 20.06.2025.

5. At the outset, it is submitted by learned Special Government Pleader that the representation dated 20.06.2025 which is stated to be pending would be considered and appropriate orders would be passed in

accordance with law within the time frame fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. In view of the same, taking into consideration of the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the concerned respondents, to consider the representation dated 20.06.2025 made by the petitioner on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner as well as to the 5th respondent and any other interested parties/rival claimants, if any, within a period of twelve (12) weeks from the date of approval. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

6. Accordingly, the writ petition stands disposed of. No Costs. 22.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No jas To 1.The District Collector, Tiruvallur Collector Office, Chinna Ekkadu, Jaya Nagar, Tiruvallur - 602 001.

2.The Revenue Divisional Officer, Revenue Divisional Office, Bharathiyar Street, S.P.Nagar, Kakkalur, Tiruvallur - 602 003.

3.The Tahsildar, Tahsildar Office, JN Road, 184/12b, NH-716, Jaya Nagar, Kakkalur, Tiruvallur District - 602 001.

4.The Village Administrative Officer, Office of the Village Administrative Officer, Ulundai Village, Tiruvallur District - 602 105.

MOHAMMED SHAFFIQ, J.

jas 22.07.2025