A.Devanbu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Devanbu Petitioner(s) Vs.
1.The District Collector, Chengalpet District.
2.District Revenue Officer, Chengalpattu, Chengalpattu District.
3.Revenue Divisional Officer, Tambaram, Chengalpet District.
4.The Tashildar, Tambaram, Chengalpet District.
5.Durai P 6.Thirumalai P 7.Clemant Elango V Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 31.12.2024 and consequently direct the 2nd respondent to cancel the patta issued in favour of the 7th respondent vide 2023/35/05/0017975D dated 22.11.2023 issued by Tahsildar, Tambaram with respect of our landed property situated at Tambaram Selaiyur Village, Survey 1/6
No.148/5A (TS Nos.63/2 and 63/3) to an extent of 0.96 cents and restore the patta in favour of the petitioner.
For Petitioner(s) : Mr.M.Elumalai For Respondent(s) : 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. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to 5 to 6 Respondents is dispensed with.
2. The present writ petition is filed praying for a writ of Mandamus directing 2nd respondent to consider petitioner's representation dated 31.12.2024 and consequently direct 2nd respondent to cancel the patta issued in favour of 7th respondent vide 2023/35/05/0017975D dated 22.11.2023 issued by Tahsildar, Tambaram in respect of property comprised in Survey No.148/5A (TS Nos.63/2 and 63/3) measuring an extent of 0.96 cents, situated at Tambaram Selaiyur village and restore the patta in favour of the petitioner.
3. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents that the issue stands covered by the 2/6
judgment of the Division Bench of this Court in W.A.No.189 of 2024 dated 19.02.2024, wherein this Court after recording that a Suit has been filed in respect of the very same subject property had observed that all the revenue proceedings including patta, cancellation of patta, transfer of patta and mutation of revenue records are kept in abeyance and that after resolving the Civil dispute the parties may submit an application under the provisions of the Tamil Nadu Patta Passbook Act, 1983, seeking relief in the manner known to law. The relevant portions of the judgment is extracted hereunder: "6. It is brought to the notice of this Court that three Civil Suits in O.S.Nos.228 of 2005, 103 of 2014 & 148 of 2017 are pending on the file of the Principle District Court at Chengalpattu.
The parties are at liberty to establish their civil rights in the pending suits. Till such time, all the revenue proceedings, including the patta, cancellation of patta, transfer of patta, mutation of revenue records, are kept in abeyance. After resolving the civil disputes, either of the party is at liberty to submit an appropriate application under the provisions of the Tamil Nadu Patta Passbook Act, 1983, for securing appropriate relief in the manner known to law."
4. In view thereof, this Court is of the view that the writ petition ought to be rejected. It is open to the petitioner to seek appropriate relief before the Civil Court, if they are so advised.
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5. Accordingly, the writ petition stands disposed of. No costs. 21.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6
To:
1.The District Collector, Chengalpet District.
2.District Revenue Officer, Chengalpattu, Chengalpattu District.
3.Revenue Divisional Officer, Tambaram, Chengalpet District.
4.The Tashildar, Tambaram, Chengalpet District.
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MOHAMMED SHAFFIQ, J.
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