L.Kirubarajan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP No.30833 of 2025 L.Kirubarajan : Petitioner Vs.
1.The District Collector, Tiruvannamalai District, Tiruvannamalai-606 604.
2.The Revenue Divisional Officer, Tiruvannamalai Division, Tiruvannamalai -606 601 Tiruvannamalai District.
3.The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai -606 601 Tiruvannamalai District.
4.L.Vijayalakshmi 5.L.Mahalakshmi 6.L.Jayanthi 7.L.Komathi : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, 1/6
praying to issue Writ of Mandamus directing the respondents 2 and 3 to consider the petitioner's claim of restoration of patta for the agricultural landed properties comprised in old survey No.42/2, New Survey Nos.42/65A and 42/65B, measuring an extent of 7.25 acres out of extent 15.84 situated at Kosalai Village, Tiruvannamalai Taluk, Tiruvannamalai District as per petitioner's representation dated 09.06.2025 by cancelling the joint patta No.1784 given to the respondents 4 to 7 and joint patta No.1042 given to the fifth respondent Old Survey No.42/2, New Survey Nos.42/65A and 42/65B, measuring an extent of 7.25 acres out of extent 15.84, situated at Kosalai Village, Tiruvannamalai Taluk, Tiruvannamalai District and pass orders.
For Petitioner : Mr.J.Selvarajan For Respondents : Mr.P.Sathish Additional Government Pleader for R1 to R3
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 respondent Nos.4 to 7 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the respondents 2 and 3 to consider the petitioner's claim of restoration of patta for the agricultural properties comprised in old survey No.42/2, New Survey Nos.42/65A and 42/65B, measuring an extent of 7.25 acres out of extent 15.84 2/6
situated at Kosalai Village, Tiruvannamalai Taluk, Tiruvannamalai District as per petitioner's representation dated 09.06.2025 by cancelling the joint patta No.1784 given to the respondents 4 to 7 and joint patta No.1042 given to the fifth respondent in respect of the subject property.
4. At the outset, it was submitted by the learned Additional Government Pleader for respondents that the representation dated 09.06.2025 made by petitioner 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.
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 respondents 2 and 3 shall consider the representation dated 09.06.2025 after issuing notice, conducting enquiry and affording a reasonable opportunity of hearing to the petitioner, respondents 4 to 7 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 3/6
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.
iii) The petitioner's representation dated 09.06.2025 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. Consequently, connected miscellaneous petition is closed. 4/6
30.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, Tiruvannamalai District, Tiruvannamalai-606 604.
2.The Revenue Divisional Officer, Tiruvannamalai Division, Tiruvannamalai -606 601 Tiruvannamalai District.
3.The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai -606 601 Tiruvannamalai District.
MOHAMMED SHAFFIQ, J.
(mrn) 5/6
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