K.Ramalingam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Ramalingam : Petitioner Vs.
1.The District Collector, District Collector Office, Kallakurichi 2.The District Revenue Officer, District Revenue Office, Kallakurichi 3.The Revenue Divisional Officer, Kallakurichi 4.The Tahsildar, Kallakurichi Taluk Office, Kallakurichi District 5.The Village Administrative Officer, Thiyagai Village, Kallakurichi Taluk 6.Maruthaiyee 7.Venkatesan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, 1/6
praying to issue Writ of Mandamus directing respondents 1 to 5 to remove the names of 6th and 7th respondents from the petitioner's patta bearing No.2175 and also issue a separate individual Patta No 2175 in the name of petitioner alone for the lands comprised in Survey No.142/10A having an extent of Acre 0.10 1/2 cents situated in Thiyagi Village, Kallakurichi Taluk and Kallakurichi District based upon the petitioner's representations and reminders dated 11.12.2024 and 15.05.2025 respectively.
For Petitioner : Mr.T.Balachandran For Respondents : Mr.A.Selvendran, Special Government Pleader for respondents 1 to 5
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 Respondent Nos.6 and 7 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct respondents 1 to 5 to remove the names of 6th and 7th respondents from petitioner's patta bearing No.2175 and also issue a separate individual Patta No 2175 in the name of petitioner alone for the lands comprised in Survey No.142/10A measuring an extent of Acre 0.10 1/2 cents situated at Thiyagi Village, 2/6
Kallakurichi Taluk and Kallakurichi District based upon the petitioner's representation and reminder dated 11.12.2024 and 15.05.2025 respectively.
3. It is submitted by the learned counsel for the petitioner that petitioner submitted a representation dated 11.12.2024 before the fourth respondent and a reminder dated 15.05.2025 before the first respondent seeking the aforesaid prayer. The said representation and reminder were not considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.
4. At the outset, it was submitted by the learned Special Government Pleader for respondents 1 to 5 that the representation and reminder dated 11.12.2024 and 15.05.2025, made by petitioner would be considered, after issuing notice to the petitioner and respondents 6 and 7 and conducting enquiry 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: 3/6
i) The third respondent shall consider the representation and reminder dated 11.12.2024 and 15.05.2025, after issuing notice, conducting enquiry and affording a reasonable opportunity of hearing to the petitioner, respondents 6 and 7 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 and Rules.
iii) The petitioner's representation and reminder dated 11.12.2024 and 15.05.2025 shall be disposed of within a period of twelve (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.
6. Accordingly, the writ petition stands disposed of. There will be no order 4/6
as to costs.
18.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, District Collector Office, Kallakurichi 2.The District Revenue Officer, District Revenue Office, Kallakurichi 3.The Revenue Divisional Officer, Kallakurichi 4.The Tahsildar, Kallakurichi Taluk Office, Kallakurichi District 5.The Village Administrative Officer, Thiyagai Village, Kallakurichi Taluk 5/6
MOHAMMED SHAFFIQ, J.
(mrn) 18.07.2025 6/6