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Madras High CourtWP/27400/2025disposed of

A.Swaminathan v. The District Collector

2025-07-30Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Swaminathan : Petitioner Vs.

1.The District Collector, The District Collector Office, Namakkal-637001.

2.The Revenue Divisional Officer, Tiruchengode Division, Namakkal District.

3.The Thasildar, Kumarapalayam Taluk, Namakkal 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 the representations dated 10.01.2022 and 03.06.2025 for initiating necessary action to restore the name of the petitioner in Patta Number 1394 for the land situated in Survey No.193/5, Anangoor Village, Kumarapalayam Taluk, Namakkal District and pass orders.

For Petitioner :

Mr.J.Ranjith Kumar For Respondent :

Mr.A.Selvendran Special Government Pleader 1/6

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 consider the representations dated 10.01.2022 and 03.06.2025 for initiating necessary action to restore the name of the petitioner in Patta Number 1394 for the land comprised in Survey No.193/5, situated at Anangoor Village, Kumarapalayam Taluk, Namakkal District.

3. It is submitted by the learned counsel for petitioner that the subject land was assigned to the petitioner on 26.08.1991 vide proceedings 3/A.M/1401 and patta was issued in the name of the petitioner vide Patta No.1394. However, when the petitioner had applied for an updated online patta copy, it was noticed that the above survey number is classified as Government poromboke. Hence, petitioner submitted a representation dated 10.01.2022 before the third respondent seeking rectification and restoration of patta in the name of the petitioner. Since no action was taken on the said representation, petitioner again submitted a representation dated 03.06.2025 before the respondents seeking rectification and restoration of patta in the name of 2/6

the petitioner. However, the said representation has not been considered so for. Aggrieved by the same, the petitioner has filed the present writ petition.

4. At the outset, it is submitted by the learned Special Government Pleader for respondents that the first respondent would consider the representations dated 10.01.2022 and 03.06.2025, including reclassification of land and reissuance of patta, 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) The first respondent shall consider the representations dated 10.01.2022 and 03.06.2025 including reclassification of land and issuance of patta, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and all other interested 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 3/6

law set out in the representations 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.

iii) The petitioner's representations dated 10.01.2022 and 03.06.2025 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. 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.

6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

30.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, 4/6

The District Collector Office, Namakkal-637001.

2.The Revenue Divisional Officer, Tiruchengode Division, Namakkal District.

3.The Thasildar, Kumarapalayam Taluk, Namakkal District.

MOHAMMED SHAFFIQ, J.

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