P.Palanisamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.08.2025 Coram:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Palanisamy
...Petitioner
Versus
1.The District Collector, Tiruvallur District, Tiruvallur.
2.The District Revenue Officer, Tiruvallur District, Tiruvallur.
3.The Tahsildar, Tiruvallur Taluk, Land and Survey Division, Tiruvallur.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent 1 herein to consider petitioner's application for Patta transfer to the petitioner's son in respect of land more fully described herein above, which is comprised in Patta No.885 in Survey No.70/9F1B with an extent of 2400 Sq.ft at Veppampattu Village through consider and dispose of the petitioner's application, recent dated 22.07.2021 on merits and in accordance with law. For Petitioner :
Mr.N.Kumar 1/5
For Respondents :
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.
2. The relief sought in this writ petition is to direct the 1st respondent to consider the petitioner's Application dated 22.07.2021 for Sub-Division and Patta Transfer to the name of his son in respect of the land comprised in Survey No.70/9F1B measuring an extent of 2,400 Sq.ft situated at Veppampattu Village bearing Patta No.885 and dispose of the same on merits and in accordance with law.
3. At the outset, the learned Special Government Pleader appearing for the respondents submitted that 3rd respondent would conduct enquiry on the petitioner's Application dated 22.07.2021 for Sub-Division and Patta Transfer and dispose of the same, within a time frame to be fixed by this Court.
4. The above submission made by the learned Special Government 2/5
Pleader for the respondents has been fairly conceded by the learned counsel for the petitioner.
5. In view of the limited relief sought by the petitioner, this Court is inclined to dispose of this Writ Petition with the following directions: (i) The 3rd respondent shall consider the petitioner's Application dated 22.07.2021 for Sub-Division Patta Transfer, 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 3rd respondent shall independently consider the facts and law set out in the petitioner's 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.
(iii) The 3rd respondent shall dispose of the petitioner's Application dated 22.07.2021, within a period of twelve weeks from the date of uploading of web copy of this order without waiting for the receipt of 3/5
certified copy of this order.
(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 3rd 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, Tiruvallur District, Tiruvallur.
2.The District Revenue Officer, Tiruvallur District, Tiruvallur.
3.The Tahsildar, Tiruvallur Taluk, Land and Survey Division, Tiruvallur.
4/5
MOHAMMED SHAFFIQ, J.
mrr 01.08.2025 5/5