R.Govindaraju v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Govindaraju : Petitioner Vs.
1.The District Collector, Salem District, Salem 2.The Revenue Tahsildar, Valapady Taluk, Valapady, Salem District 3.The Tamil Nadu Bhoodan Board, Room No.101, First Floor, Collectorate, Salem 636 001 : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing respondents 1 and 2 to consider the petitioner's representation dated 21.9.2020 sent for rectifying the mistake occurred in respect of the lands in S.F.Nos.5/2B1 and 5/2B2, Kurichi Village, Valapady Taluk, Salem District, entered as "Bhoomidhan lands" instead of the petitioner's lands in the Revenue Records within a stipulated period. For Petitioner : Mr.K.Govi Ganesan 1/7
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 direct respondents 1 and 2 to consider the petitioner's representation dated 21.9.2020 for rectifying the mistake in respect of the lands comprised in S.F.Nos.5/2B1 and 5/2B2, situated at Kurichi Village, Valapady Taluk, Salem District, inasmuch as it is entered as "Bhoomidhan lands" instead of petitioner's lands in the Revenue Records within a stipulated period.
3. It is submitted by learned counsel for the petitioner that subject lands were purchased by petitioner vide sale deed dated 29.01.1993 and registered as Document No.117/1993 before SRO, Valapady. It is stated subject lands are patta lands, however it has been wrongly classified as Bhoomidhan lands in the revenue records. Hence, petitioner submitted a representation dated 21.09.2020 seeking 2/7
rectification of the mistake in the revenue records. However, the said application has not been considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.
4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents that patta enclosed in the typed set of papers pertains only to one of the two survey numbers viz. Survey No.5/2B1 and there is no patta in respect of S.No.5/2B2.
5. Learned counsel for the petitioner would submit that they may be permitted to furnish supporting documents during the course of enquiry, which was agreed to by the learned Special Government Pleader for the respondents.
6. On this being pointed out, learned Special Government Pleader for the respondents would submit that the representation dated 21.09.2020 submitted by the petitioner would be considered, along with supporting documents 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. 3/7
7. 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 furnish supporting documents during the course of enquiry.
ii) The respondents 1 and 2 shall consider the representation dated 21.09.2020, 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, keeping in view the supporting document furnished by the petitioner at the time of enquiry.
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, pass appropriate orders.
iii) The petitioner's representation dated 21.09.2020 shall be disposed of within a period of sixteen (16) weeks from the date of uploading of web copy without waiting for the receipt of certified copy. 4/7
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.
8. Accordingly, the writ petition stands disposed of. There will be no order as to costs.
28.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, Salem District, Salem 2.The Revenue Tahsildar, Valapady Taluk, Valapady, Salem District 5/7
3.The Tamil Nadu Bhoodan Board, Room No.101, First Floor, Collectorate, Salem 636 001 6/7
MOHAMMED SHAFFIQ, J.
(mrn) 28.07.2025 7/7