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Madras High CourtWP/27348/2025disposed of

P.Tamilselvi v. The District Collector

2025-07-30Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Tamilselvi : Petitioner Vs.

1.The District Collector, Villupuram District.

2.The District Revenue Officer, Vannur Taluk, Villupuram District.

3.The Revenue Divisional Officer, Vannur Taluk, Villupuram District.

4.The Tahsildar, Vannur Taluk, Villupuram District.

5.Mohan 6.Selvam 7.Elangovan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents 1 to 4 to cancel Patta No.729 in the name of 6th respondent for the property admeasuring 41 cents comprised in Old Sy.Nos.9/2, 9/3, 9/5 and New S.No.5/1B, 5/2B situated at Ottai 1/6

Village, Vanur Taluk, Villupuram District and cancel Patta No.951 for the property admeasuring 41 Cents comprised in Old Sy.No.9/1 and New Sy.No.5/1A situated at Ottai Village, Vanur Taluk, Villupuram District in the name of the 7th respondent and transfer patta in the petitioner's name by considering the petitioner's representation dated 21.06.2025.

For Petitioner : Mr.R.Rajarajan For Respondent :

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 and also the limited relief that is sought to be granted, notice to respondent Nos.5,6 and 7 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct the respondents 1 to 4 to cancel Patta No.729 in the name of 6th respondent for the property comprised in Old Sy.Nos.9/2, 9/3, 9/5 and New S.No.5/1B, 5/2B admeasuring an extent of 41 cents situated at Ottai Village, Vanur Taluk, Villupuram District and cancel Patta No.951 for the property comprised in Old Sy.No.9/1 and New Sy.No.5/1A admeasuring an extent of 41 Cents situated at 2/6

Ottai Village, Vanur Taluk, Villupuram District in the name of the 7th respondent and transfer patta in the petitioner's name by considering the petitioner's representation dated 21.06.2025.

3. After submitting for a brief while, learned Special Government Pleader for respondents 1 to 4 would submit that the facts of the case may require an enquiry into title and therefore, they may have some difficulty in considering representation of the petitioner.

4. Learned counsel for the petitioner would request that the representation dated 21.06.2025 may be treated as an appeal by the third respondent and same may be disposed of

5. At this juncture, learned Special Government Pleader would submit that the appropriate remedy is possibly only before the Civil Court. In any view, it was submitted that the representation dated 21.06.2025 would be treated as an appeal and the same would be disposed of, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.

6. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: 3/6

i) The third respondent shall consider the representation/appeal dated 21.06.2025, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, respondents 5, 6 ad 7 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 authority shall independently consider the facts and law set out in the representation/appeal and pass appropriate 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/appeal dated 21.06.2025 shall be disposed of within a period of sixteen (16) weeks from the date of uploading of web copy without waiting for the receipt of certified copy. 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.

7. Accordingly, the writ petition stands disposed of. There will be no order 4/6

as to costs. Consequently, connected miscellaneous petition is closed. 30.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, Villupuram District.

2.The District Revenue Officer, Vannur Taluk, Villupuram District.

3.The Revenue Divisional Officer, Vannur Taluk, Villupuram District.

4.The Tahsildar, Vannur Taluk, Villupuram District.

MOHAMMED SHAFFIQ, J.

(mrn) 5/6

30.07.2025 6/6