M.Selvam v. The Thasildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ M.Selvam ... Petitioner

Versus

1.The Tahsildar, Ariyalur Taluk, Ariyalur Post, Ariyalur District.

2.Soundararajan

...Respondents

Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to consider the grant Patta in favour of the petitioner in terms of the registered Sale Deed dated 21.08.1987 and the judgment and decree passed in AS.No.22/2017 dated 27.02.2023, on the file of Sub-Judge, Ariyalur relating to land in SF No.241/7, at Sathamangalam Village, Vetriyur Majira, Ariyalur Taluk and District measuring an extent of 1 Acre and 31.5 cents.

For Petitioner : Mr.S.Kamadevan For Respondents : Mr.P.Sathish, Addl. Government Pleader for R1

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. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent No. 2 is dispense with.

2. The present writ petition is filed praying for a writ of mandamus to direct the 1st respondent to consider the grant of patta in favour of the petitioner in terms of the registered sale deed dated 21.08.1987 and the judgment and decree passed in A.S.No.22/2017 dated 27.02.2023 on the file of Sub Judge, Ariyalur relating to land comprised in SF No.241/7, measuring an extent of 1 acre and 31.5 cents situated at Sathamangalam Village, Vetriyur Majira, Ariyalur Taluk and district

3. At the outset, it was submitted by the learned Additional Government Pleader for the 1st respondent that the application through online dated 03.01.2025, made by petitioner has discrepancies with regard to survey number and the same differs from the survey number mentioned in judgment and decree passed in A.S.No.22 of 2017. Hence, 2/5

if fresh online application having correct survey number is made the same 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 petitioner.

4. In view thereof, the writ petition stands disposed of with following directions;

i) It is open to the petitioner to make fresh online application with correct survey number and the respondent authority on receipt of such fresh online application shall consider the same, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, 2nd respondent and all other interest 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 online application and pass order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules. 3/5

iii) The petitioner's fresh online application if any made, shall be disposed of within a period of 16 days from the date of such application being made.

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.

5. Accordingly, the writ petition stands disposed of. No costs. 30.07.2025 Speaking order : Yes/No : Yes/No Index : Yes/No dpq To The Tahsildar, Ariyalur Taluk, Ariyalur Post, Ariyalur District.

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MOHAMMED SHAFFIQ, J.

dpq 30.07.2025 5/5