Subha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Subha

...Petitioner

Versus

1.The District Collector, Krishnagiri District, Krishnagiri - 635 001.

2.The District Revenue Officer, Office of the Collectorate, Krishnagiri District, Krishnagiri - 635 001.

3.The Sub-Collector, Office of the Sub-Collectorate, Hosur, Krishnagiri District - 635 109.

4.The Tahsildar, Office of the Tahsildar, Hosur Taluk, Krishnagiri District - 635 109.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 2 and 3 to consider the petitioner's Representation dated 04.04.2025 and direct the 4th respondent to pass orders on the Application No.2025/0105/31/648444 dated 28.02.2025.

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For Petitioner :

Mr.A.Sundara Vadhanan For Respondents :

Mr.R.P.Murugan Raja, Government Advocate

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 respondents 2 and 3 to consider the petitioner's Representation dated 04.04.2025 and to direct the 4th respondent to pass orders on the petitioner's Application No.2025/0105/31/648444 dated 28.02.2025.

3. The learned counsel for the petitioner submitted that the petitioner submitted an Application dated 28.02.2025 before the 4th respondent, for Sub-Division Patta Transfer to her name in respect of the property comprised in S.No.629/2B, 2K1 measuring an extent of 5 cents situated at Mathigiri Village, Hosur Taluk, Krishnagiri District. He further submitted that the petitioner gave a Representation dated 04.04.2025 to the 2/6

respondents 2 to 4 seeking to consider the Gift Settlement Deed dated 27.06.2011 executed by petitioner's father in favour of petitioner and grant separate Patta in the name of petitioner in respect of the subject property. However, the respondents have not yet considered the petitioner's request.

4. The learned Government Advocate appearing for the respondents submitted that 4th respondent would consider the petitioner's Application dated 28.02.2025 and respondents 2 & 3 would consider petitioner's Representation dated 04.04.2025, within a time frame to be fixed by this Court.

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

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 4th respondent shall consider the petitioner's Application dated 28.02.2025 and respondents 2 & 3 shall consider the petitioner's 3/6

Representation dated 04.04.2025, 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 respondents shall independently consider the facts and law set out in the petitioner's Application & 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 respondents shall dispose of the petitioner's Application & Representation, within a period of twelve 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 respondents 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.

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01.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order To 1.The District Collector, Krishnagiri District, Krishnagiri - 635 001.

2.The District Revenue Officer, Office of the Collectorate, Krishnagiri District, Krishnagiri - 635 001.

3.The Sub-Collector, Office of the Sub-Collectorate, Hosur, Krishnagiri District - 635 109.

4.The Tahsildar, Office of the Tahsildar, Hosur Taluk, Krishnagiri District - 635 109.

MOHAMMED SHAFFIQ, J.

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mrr 01.08.2025 6/6