Subramaniyan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Subramaniyan

...Petitioner

Versus

1.The Revenue Divisional Officer, Mannargudi Revenue Division, Mannargudi, Tiruvarur District.

2.The Tahsildar, Needamangalam Taluk, Needamangalam, Tiruvarur District.

3.Mr.Balasubramanian

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to complete the enquiry on the petitioner's Representation dated 27.03.2025 praying to cancel the Patta No.1477 stands in the name of the 3rd respondent in respect of Survey No.439/2B and 439/3 of Kalacherry Village, Needamangalam Taluk, Tiruvarur District.

For Petitioner :

Ms.B.Yogapriya For Respondents - 1 & 2:

Mr.S.Balamurugan, Government Advocate

ORDER

1/6

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 in this writ petition, notice to 3rd respondent is dispensed with.

2. The relief sought in this writ petition is to direct the 1st respondent to complete the enquiry on the petitioner's Representation dated 27.03.2025 and to cancel the Patta No.1477 standing in the name of the 3rd respondent in respect of the property comprised in Survey Nos.439/2B & 439/3 situated at Kalacheri Village, Needamangalam Taluk, Tiruvarur District.

3. The brief facts of the case are that the petitioner purchased a property comprised in S.No.439/2B measuring an extent of 0.09.00 Ares situated at Kalacheri Village, Needamangalam Taluk, Tiruvarur District (hereinafter referred to as "subject property") from one Mr.Nadanam vide Sale Deed dated 25.03.1987 which was registered as Document No.233 of 1987 on the file of Sub Registrar Office, Needamangalam. From the date of purchase, petitioner has been in possession and enjoyment of the subject property. While so, without issuing any notice to the petitioner, the Revenue Officials sub-divided the subject property into two pieces viz., 2/6

S.No.439/2B measuring an extent of 0.30.00 Ares and S.No.439/3 measuring an extent of 0.60.00 Ares. That apart, Patta for the property in S.No.439/2B was issued in the name of one Mr.Aadhipuranam & Patta for the property in S.No.439/3 was issued in the name of Mrs.Jayalakshmi W/o. Aadhipuranam. The 3rd respondent claims that he is the son of Aadhipuranam and Jayalakshmi. Hence, the petitioner gave a Representation dated 27.03.2025 to the respondents 1 & 2 seeking to cancel the Patta No.1477 standing in the name of the 3rd respondent in respect of the subject property. After the receipt of petitioner's Representation, 1st respondent vide Letter dated 21.04.2025, informed the petitioner that they will conduct a enquiry on 25.04.2025. However, till date, 1st respondent has not passed any orders. Hence, this writ petition.

4. The learned Government Advocate appearing for the respondents 1 & 2 submitted that 1st respondent would conduct enquiry on the petitioner's Representation dated 27.03.2025, within a time frame to be fixed by this Court.

5. The above submission made by the learned Government Advocate for the respondents 1 & 2 has been fairly conceded by the learned counsel for the petitioner.

3/6

6. 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 1st respondent shall consider the petitioner's Representation dated 27.03.2025, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, 3rd respondent and all other interested parties including rival claimants, if any. (ii) The 1st respondent shall independently consider the facts and law set out in the petitioner's Representation 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 1st respondent shall dispose of the petitioner's Representation dated 27.03.2025, within a period of sixteen weeks from the date of uploading of web copy of this order without waiting for the receipt of 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 1st respondent to consider the matter on its own merits and in accordance with law. Rights 4/6

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 Revenue Divisional Officer, Mannargudi Revenue Division, Mannargudi, Tiruvarur District.

2.The Tahsildar, Needamangalam Taluk, Needamangalam, Tiruvarur District.

MOHAMMED SHAFFIQ, J.

mrr 5/6

01.08.2025 6/6