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Madras High CourtWP/28438/2025disposed of

T.Kanchana v. The District Collector

2025-08-07Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ T.Kanchana

...Petitioner

Versus

1.The District Collector, Chennai District, Chennai.

2.The Revenue Divisional Officer, Chennai Central, Office of the Revenue Divisional Officer, Anna Nagar, West Extn, Chennai - 600 101.

3.The Zonal Deputy Tahsildar, Ayyanavaram Taluk, No.18/31, Palliarasan Street, Aspiran Garden Colony, Kumaran Nagar, Anna Nagar, Chennai - 600 102.

4.Mr.V.Rajendran

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to 1/6

consider the Representation dated 02.05.2024 of the petitioner and consequently, direct the respondents to cancel the Patta issued in the name of Mr.V.Rajendran and issue Patta in the name of the petitioner for the Plot No.81, measuring an extent of 2,415 Sq.ft comprised in O.S.No.3/10, as per Town Survey Field Register, T.S.No.118, Block No.1, Jayanthi Nagar Layout situated in Kolathur Village, then Purasai Taluk now Ayanavaram Taluk, Chennai District.

For Petitioner :

Mr.V.Premkumar For Respondents - 1 to 3:

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. In view of the order that this Court proposes to pass in this writ petition, notice to the 4th respondent is dispensed with.

2. The relief sought in this writ petition is to direct the respondents to consider the petitioner's Representation dated 02.05.2024 and consequently, direct the respondents to cancel the Patta issued in the name of Mr.V.Rajendran and issue Patta in the name of petitioner for Plot No.81 2/6

measuring an extent of 2,415 Sq.ft comprised in O.S.No.3/10 as per Town Survey Field Register, T.S.No.118, Block No.1, Jayanthi Nagar Layout situated at Kolathur Village, then Purasai Taluk now Ayanavaram Taluk, Chennai District.

3. At the outset, the learned Special Government Pleader appearing for the respondents submitted that the 2nd respondent would consider the petitioner's Representation dated 02.05.2024 and pass appropriate orders, within a time frame to be fixed by this Court.

4. 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 2nd respondent shall consider the petitioner's Representation dated 02.05.2024, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, 4th respondent 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 2nd respondent shall independently 3/6

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 2nd respondent shall dispose of the petitioner's Representation dated 02.05.2024 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 2nd 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.

07.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 4/6

To 1.The District Collector, Chennai District, Chennai.

2.The Revenue Divisional Officer, Chennai Central, Office of the Revenue Divisional Officer, Anna Nagar, West Extn, Chennai - 600 101.

3.The Zonal Deputy Tahsildar, Ayyanavaram Taluk, No.18/31, Palliarasan Street, Aspiran Garden Colony, Kumaran Nagar, Anna Nagar, Chennai - 600 102.

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MOHAMMED SHAFFIQ, J.

mrr 07.08.2025 6/6