Nagapushnam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Nagapushnam, W/o.Ethiraj ... Petitioner Vs.

1.The District Collector, Thiruvallur District, Thiruvallur - 602 001.

2.The District Revenue Officer, Thiruvallur District, Thiruvallur - 602 001.

3.The Revenue Divisional Officer, Thiruvallur District, Thiruvallur - 602 003.

4.The Tahsildar, Thiruvallur Taluk, Thiruvallur - 602 001.

5.R.Kesavan, S/o.Rangaiya ... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the second respondent herein to dispose of the petitioner appeal dated 08.04.2024. For Petitioner : Mr.K.Rahul For Respondents :

For R1 to R4 : Mr.P.Sathish Additional 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 the 5th respondent is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus, to direct the second respondent to dispose of the petitioner appeal dated 08.04.2024 wherein it is stated that the petitioner has challenged the cancellation of patta which originally is stated to have been issued in the name of the petitioner in respect of the property comprised in S.No.168/33, measuring an extent of 172 square meter, situated at Vayalur Village, Mappedu Post, Thiruvallur Taluk, Thiruvallur District but issued in the name of the 5th respondent on production of forged documents. 2/6

3. Aggrieved by the above cancellation of patta which stood in the name of the petitioner and its issuance in the name of the 5th respondent, the petitioner preferred an appeal on 08.04.2024 and it is stated to have been pending. Hence, this writ petition.

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for the respondents 1 to 4 that the above appeal preferred by the petitioner 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 the petitioner.

5. In view of the limited relief that is prayed, this Court is inclined to dispose of this writ petition and accordingly, this writ petition is disposed of with following directions:- i) The respondents authority shall consider the appeal dated 08.04.2024 of the petitioner, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, the 5th respondent and all other interested parties including rival claimants, if any.

ii) Though facts have been set out extensively in the affidavit, in view of the 3/6

limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The respondents authority shall independently consider the facts and law set out in the appeal preferred by the petitioner and pass appropriate order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act, 1983 and the Tamil Nadu Patta Pass Book Rules, 1987.

iii) The petitioner's appeal dated 08.04.2024 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.

iv) It is made clear that this Court has not expressed any views with regard to the merits of the matter and it is open to the concerned respondent to consider and dispose of the subject appeal 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.

04.08.2025 arb 4/6

To 1.The District Collector, Thiruvallur District, Thiruvallur - 602 001.

2.The District Revenue Officer, Thiruvallur District, Thiruvallur - 602 001.

3.The Revenue Divisional Officer, Thiruvallur District, Thiruvallur - 602 003.

4.The Tahsildar, Thiruvallur Taluk, Thiruvallur - 602 001.

MOHAMMED SHAFFIQ, J.

arb 5/6

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