S.Balasubramanian v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No. 31928 of 2025 1.S.Balasubramanian 2.R.Venkatesan 3.K.Krishnamoorthy 4.R.C.Venkatesan 5.N.Suresh 6.P.Elavarasi 7.S.Murugan ... Petitioners Vs.

1.The District Collector, Villupuram District, Villupuram.

2.The Thasildar, Melmalaiyanur Taluk, Villupuram District.

3.The Block Development officer Melmalaiyanur Block Melmalaiyanur Taluk Villupuram District.

4.The Village Panchayat President Avalurpettai Panchayat Avalurpettai Village and Post Melmalaiyanur Taluk Villupuram District.

... Respondent(s) 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, direct the respondents to grant patta for the petitioners in Natham Survey No.150/7, Avalurpettai Village, Melmalaiyanur Taluk, Villupuram District by considering the petitioners' representation dated 12.07.2025 and pass appropriate orders within a time frame fixed by this Court. For Petitioners : Mr.C.Munusamy For Respondent(s) : Dr.T.Seenivasan for R3 and R4 Special Government Pleader Mr.A.Selvendran for R1 and R2 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.

2. The present writ petition is filed praying for a writ of mandamus to direct the respondents to grant patta in favour of petitioners in respect of property comprised in Natham Survey No.150/7, situated at Avalurpettai Village, Melmalaiyanur Taluk, Villupuram District by considering the petitioners' representation dated 12.07.2025.

3. It is submitted by the learned counsel for the petitioners that the petitioners submitted a representation dated 12.07.2025, seeking issuance of patta in favour of petitioner in respect of the subject property before the respondents. However, petitioners' representation was not considered by the respondents till date. Aggrieved by the same, the petitioners have come before 2/6

this Court.

4. When this was pointed out, learned Special Government Pleaders for the respondents would submit that the petitioners' representation dated 12.07.2025 would be considered and appropriate orders would be passed in accordance with law, after issuing notice to the petitioners and any other interested parties, rival claimants, if any, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioners.

5. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions; i) The respondent authority shall consider the representation dated 12.07.2025, after issuing notice and affording a reasonable opportunity of hearing to the petitioners and any 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 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 petitioners' representation dated 12.07.2025 shall be disposed of 3/6

within a period of eight(8) weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

iv) In case, if the competent authority is of the view that the petitioners ought to be vacated from the subject property, they can proceed with the same, after following due process of law.

v) 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 petitioners and all other interested parties are left open.

6. There will be no order as to cost. Consequently, connected miscellaneous petition is closed.

06.08.2025 (2/2) Index : Yes/ No Speaking (or) Non Speaking Order msv To 1.The District Collector, Villupuram District, Villupuram.

4/6

2.The Thasildar, Melmalaiyanur Taluk, Villupuram District.

3.The Block Development officer Melmalaiyanur Block Melmalaiyanur Taluk Villupuram District.

4.The Village Panchayat President Avalurpettai Panchayat Avalurpettai Village and Post Melmalaiyanur Taluk Villupuram District.

5/6

MOHAMMED SHAFFIQ, J.

msv and W.M.P.No. 31928 of 2025 06.08.2025 6/6