Velayutham v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.07.2025
CORAM:
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Velayutham ... Petitioner
Versus
1.The District Collector, Office of Collectorate, Kallakurichi District.
2.The Tahsildar, Kallakurichi Taluk, Kallakurichi District.
...Respondents
Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 01.08.2022 and directing the respondents for issuance of patta with regard to the land in Survey No.121/4 out of an extent 0.56 cents Kuthuraicanthal Village, Kallakurichi Taluk and District within the time frame fixed by this Court. For Petitioner : Mr.V.Gunasekar For Respondents : Mr.P.Sathish, AGP 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 present writ petition is filed praying for a writ of mandamus to direct the respondents to consider the petitioner's representation dated 01.08.2022 and to direct the respondents for issuance of patta with regard to the land comprised in Survey No.121/4 measuring an extent 0.56 cents, situated at Kuthuraicanthal Village, Kallakurichi Taluk and District.
3. At the outset, it was submitted by the learned Additional Government Pleader for the 1st & 2nd respondents that the Tahsildar had obtained report from the concerned Revenue Divisional Officer indicating that the subject land is apparently a Government unassessed land (Tharisu) land and that the petitioner has encroached the same. However, he would submit that the petitioner's representation 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. 2/5
4. In view of the limited relief that is prayed, this Court is inclined to dispose of the writ petition with following directions; i) The respondent authority shall consider the representation, after issuing notice and affording a reasonable opportunity of hearing to the petitioner 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 representation and pass 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 01.08.
2022, shall be disposed of within a period of 16 weeks from the date of uploading of web copy without waiting for the receipt of certified copy.
with law. Rights and contentions of the petitioner and all other interested parties are left open.
5. Accordingly, the writ petition stands disposed of. 30.07.2025 Speaking order : Yes/No : Yes/No Index : Yes/No dpq To 1.The District Collector, Office of Collectorate, Kallakurichi District.
2.The Tahsildar, Kallakurichi Taluk, Kallakurichi District.
MOHAMMED SHAFFIQ, J.
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dpq 30.07.2025 5/5