C.R.Murugesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ C.R.Murugesan

...Petitioner

Versus

1.The District Collector, District Collectorate, Coimbatore.

2.The Tahsildar, Mudhukarai Taluk, Mudhukarai, Coimbatore.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent 2 to consider the representation dated 05.01.2023 to issue Patta for the S.F.No.118/1C2.

For Petitioner :

Mr.M.Lourdu Savio For Respondents :

Mr.R.P.Murugan Raja, Government Advocate 1/5

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 relief sought in this writ petition is to direct the 2nd respondent to consider the petitioner's Representation dated 05.01.2023 for issuance of Patta in respect of the property comprised in S.F.No.118/1C2 measuring an extent of 0.38 Acres situated at Othakalmandapam Village (hereinafter referred to as "subject property").

3. At the outset, the learned Government Advocate appearing for the respondents submitted that if the petitioner submits an Online Application for issuance of Patta & Chitta in his name in respect of the subject property and also, if the petitioner pays the necessary fees for the same, the 2nd respondent would consider the petitioner's Online Application, within a time frame to be fixed by this Court.

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4. The above submission made by the learned Government Advocate for the respondents has been fairly conceded by the learned counsel for the petitioner.

5. In view of the limited relief prayed by the petitioner, this Court is inclined to dispose of this Writ Petition with the following directions: (i) The petitioner is directed to submit an Online Application for issuance of Patta and Chitta in his name in respect of the subject property, within a period of four weeks from the date of uploading of web copy of this order without waiting for the receipt of certified copy of this order. (ii) On submission of such Online Application by the petitioner, the 2nd respondent shall consider the same, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and all other interested parties including rival claimants, if any, within a period of 16 weeks from the date of submission of petitioner's Online Application. (iii) 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 2nd respondent shall independently 3/5

consider the facts and law set out in the petitioner's Online Application and pass appropriate orders in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act, 1983 and Tamil Nadu Patta Pass Book Rules, 1987.

(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. No costs.

01.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order To 1.The District Collector, District Collectorate, Coimbatore.

2.The Tahsildar, Mudhukarai Taluk, Mudhukarai, Coimbatore.

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MOHAMMED SHAFFIQ, J.

mrr 01.08.2025 5/5