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Madras High CourtWP/25888/2025disposed of

Karthi v. The Secretary

2025-07-18Honourable Mr.Justice Mohammed Shaffiq7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Karthi, S/o.Perumal ... Petitioner Vs.

1.The Secretary, Department of Adi Dravidar and Tribal Welfare, Secretariat, Chennai - 600 009.

2.The District Collector, District Collector Office, 3.The District Adi Dravidar and Tribal Welfare Officer, District Collector's Office, 4.The District Adi Dravidar Welfare Officer, District Collector's Office, Salem District.

5.The District Revenue Officer, District Revenue Office, 1/7

6.The Special Tahsildar, Adi Dravidar Welfare Department, Kumarapalayam Taluk, 7.The Tahsildar, Tahsildar Office, Kumarapalayam Taluk, 8.The Revenue Divisional Officer, Revenue Divisional Office, Tiruchengode Division, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents to issue a regular patta in S.Nos.469/2, 469/3 and 469/3A in the name of the petitioner's father for Plot No.35 and rightful beneficiaries residing in the village Arundhathiyar Community people based on the petitioner's representation dated 23.06.2025. For Petitioner : Ms.P.Neelavathi 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 the respondents to issue a regular patta in S.Nos.469/2, 469/3 and 469/3A in the 2/7

name of the petitioner's father for Plot No.35 and rightful beneficiaries residing in the village Arundhathiyar Community people based on the petitioner's representation dated 23.06.2025.

3. The petitioner submits that the lands comprised in S.Nos.469/2, 469/3 and 469/3A were allocated on 09.10.1987 by the 4th respondent for the purpose of residential housing for the Arundhathiyar Community. These lands were sub divided into residential plots and distributed as free house site pattas under conditional pattas valid for a period of 30 years. It is submitted that the petitioner's paternal grandfather namely Chengodan was one of the beneficiaries and was allotted a plot under Plot No.35. It is submitted that ever since the above allotment, the petitioner's grandfather followed by the petitioner's father, then petitioner has been in enjoyment of the subject plot, and duly paid the house tax, electricity charges and all other necessary government dues regularly. 3.1.

It is further submitted that original conditional patta issued to the petitioner's grandfather was lost due to flood damage. The petitioner had thus submitted a representation on 23.06.2025 to the respondents, seeking issuance of regular patta in favour of the petitioner's father for Plot No.35.

representation has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.

4. At the outset, learned Special Government Pleader for the respondents would submit that the representation dated 23.06.2025, made by the petitioner would be considered and appropriate orders would be passed within a time frame that may be fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 8th respondent, to consider the representation 23.06.2025 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 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 8th respondent to consider the matter on its own merits and in accordance with law. 4/7

6. This writ petition, is thus, disposed of. No costs. 18.07.2025 Speaking (or) Non Speaking Order arb To 1.The Secretary, Department of Adi Dravidar and Tribal Welfare, Secretariat, Chennai - 600 009.

2.The District Collector, District Collector Office, 3.The District Adi Dravidar and Tribal Welfare Officer, District Collector's Office, 4.The District Adi Dravidar Welfare Officer, District Collector's Office, Salem District.

5.The District Revenue Officer, District Revenue Office, 5/7

6.The Special Tahsildar, Adi Dravidar Welfare Department, Kumarapalayam Taluk, 7.The Tahsildar, Tahsildar Office, Kumarapalayam Taluk, 8.The Revenue Divisional Officer, Revenue Divisional Office, Tiruchengode Division, 6/7

MOHAMMED SHAFFIQ, J.

arb 18.07.2025 7/7