G.Kasinathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ G.Kasinathan : Petitioner Vs.

1.The District Collector, Vellore District, Vellore 2.The Tahsildar, Vellore Taluk & District, Vellore : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents, particularly the second respondent, to consider the petitioner's representation dated 16.06.2025 sent for issuance of patta in the petitioner's name for the house property situated at No.827 (Old No.3/32) Mariyamman Koil Street, Karugampattur, Vellore Taluk and District comprised in Natham S.No.127/83 Old S.No.127/2 part to an extent of 0.0087 sq.mtrs. i.e. 9361⁄2 sq.ft.

For Petitioner : Mr.R.Thanjan For Respondents : Mr.A.Selvendran, Special Government Pleader

ORDER

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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 respondents, particularly the second respondent, to consider petitioner's representation dated 16.06.2025 seeking issuance of patta in petitioner's name for the house property comprised in Natham S.No.127/83 Old S.No.127/2 part, measuring an extent of 0.0087 sq.mtrs. i.e. 9361⁄2 sq.ft. situated at No.827 (Old No.3/32) situated at Mariyamman Koil Street, Karugampattur, Vellore Taluk and District.

3. It is submitted by the learned counsel for the petitioner that the petitioner submitted a representation dated 16.06.2025 seeking issuance of patta in respect of the subject property. However, the said representation was not considered by the respondents till date. Aggrieved by the same, petitioner has filed the present writ petition.

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4. On this being pointed out, the learned Special Government Pleader would submit that the petitioner may have to submit an online application for issuance of patta, if an online application is submitted, the respondents would consider the same 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) It is open to the petitioner to submit an online application before the second respondent. If any such online application is filed by the petitioner, the second respondent shall consider the same and pass appropriate orders, after issuing notice, conducting enquiry and affording a reasonable opportunity of hearing to the petitioner and all other interested parties including rival claimants, if any, within a period of twelve (12) weeks from the date on which the online application is filed by the petitioner.

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 3/6

including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules.

iii) 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. 28.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, 4/6

Vellore District, Vellore 2.The Tahsildar, Vellore Taluk & District, Vellore 5/6

MOHAMMED SHAFFIQ, J.

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