R.Hari Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Harikumar, S/o.Rajendran ... Petitioner Vs.
1.The District Collector, Tirupur District, Tirupur.
2.The Tashildar, Avinashi Taluk, Tirupur District.
3.The Village Administrative Officer, Avinashi Taluk, Tirupur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents to consider petitioner representation dated 01.07.2025 and to issue Patta in favour of the petitioner and petitioner family members of Late Rajendran. For Petitioner : Mr.K.Rahul 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 1/6
direct the respondents to consider petitioner representation dated 01.07.2025 and to issue Patta in favour of the petitioner and his family members of Late Rajendran.
3. It is submitted by the learned counsel for the petitioner that earlier a writ petition was filed by the petitioner's father N.Rajendran in W.P.No.19538 of 2021, praying for considering representation dated 30.06.2020 wherein, the petitioner's father sought for Patta in respect of the property comprised in S.F.No.519/4, measuring an extent of 3.45 Acres, situated at Puthupalayam Village, Avinashi Taluk, Tirupur District.
4. This Court vide its order dated 22.09.2021, disposed of the said writ petition with the following directions:- "5. Taking into consideration the said fact, this Court hereby directs the 2nd respondent to conduct an enquiry on the petitioner's representation dated 03.06.2020 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner and other necessary parties concerned within a period of four months from the date of receipt of a copy of this order.
6. Accordingly, this Writ Petition is disposed of. No costs."
5. It is further submitted by the learned counsel for the petitioner that the 2/6
petitioner's grand father namely Nanjan was issued with Jamabandi Patta bearing No.972 in respect of the subject property.
6. It is submitted by the learned counsel for the petitioner that after petitioner's father passed away, petitioner submitted a representation on 01.07.2025 for issuance of Patta in respect of the subject property. However, till date petitioner's representation was not considered by the respondents. Hence, this writ petition.
7. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for the respondents that the above representation submitted by the petitioner would be considered 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 the petitioner.
8. In view of the limited relief that is prayed, this Court is inclined to dispose of this writ petition and accordingly, this writ petition is disposed of with following directions:- i) The respondents shall consider the representation dated 01.07.2025 in accordance with law, after issuing notice to the petitioner and all other 3/6
interested parties including rival claimants, if any. ii) Though facts have been set out extensively in the affidavit, this Court does not propose to deal with it while leaving it open to the respondents to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for issuance of Patta in respect of the subject property. iii) The entire process shall be completed within a period of 16 weeks from the date of uploading of web copy without waiting for receipt of certified copy.
iv) It is made clear that this Court has not expressed any views with regard to the merits of the matter 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. No costs.
04.08.2025 arb To 1.The District Collector, 4/6
Tirupur District, Tirupur.
2.The Tashildar, Avinashi Taluk, Tirupur District.
3.The Village Administrative Officer, Avinashi Taluk, Tirupur District.
MOHAMMED SHAFFIQ, J.
arb 5/6
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