Tmt.Saraswathy, v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Saraswathy Petitioner(s) Vs 1.The Revenue Divisional Officer, Udayarpalayam Division, Udayarpalayam Ariyalur District.
2.The Thasildhar, Jayamkondam Taluk, Udayarpalayam and Post, Ariyalur District.
3.The Thasildhar (LA), Jayamkondam Lignite Power Project, Jayamkondam Udayarpalayam Taluk, Ariyalur District.
4.Thangaiammal 5.Maheswari 6.Veeramani Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the grant patta in favour of the petitioner in terms of the Judgments and Decrees passed in AS No.20/2017 and 21/2017 dated 28/09/2018, on the file of sub Judge, Jayamkondam relating to land in SF.No.96/4, 96/ 4 -A, 96/ 4 B, 95/1 C, 1/6
95/7 A, 95/8, 130/7-C, 130 /8 and 130/10 of Jayamkondam Village, Udayarpalayam, Taluk, Ariyalur District.
For Petitioner(s) : Mr.S.Kamadevan For Respondent(s) : 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 respondents 4 to 6 is dispensed with.
2. The present writ petition is filed praying for a writ of Mandamus directing the respondents 1 to 3 to grant patta in favour of petitioner, in terms of judgment and decree passed in A.S.Nos.20/2017 and 21/2017 dated 28.09.2018, on the file of Sub-Judge, Jayamkondam relating to land comprised in SF.No.96/4, 96/4-A, 96/4B, 95/1C, 95/7A, 95/8, 130/7-C, 130/8 and 130/10 of Jayamkondam Village, Udayarpalayam, Taluk, Ariyalur District.
3. It is submitted by the learned counsel for petitioner that petitioner submitted a representation to respondents 1 and 2 on 20.01.2025 seeking grant of patta based on the decree passed by the Civil Court, which was not considered by the respondent. It is stated that petitioner thereafter submitted an online 2/6
application on 26.02.2025 seeking sub-division and grant of patta and has also paid appropriate fee for the same, which is stated to be kept pending. Hence this writ petition.
4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents that they would consider petitioner's representation dated 20.01.2025 and online application dated 26.02.2025 seeking grant of patta and pass appropriate orders in accordance with law after issuing notice and affording reasonable opportunity of hearing to petitioner, respondents 3 to 5 and other interested parties within a time frame to be fixed by this Court. Agreed to by the learned counsel for petitioner.
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 appropriate respondent shall consider the petitioner's representation dated 20.01.2025 and online application dated 26.02.2025 seeking grant of patta, after issuing notice and affording a reasonable opportunity of hearing to petitioner, respondents 3 to 5 and all other interested parties including rival claimants, if any, keeping in view Decree passed in A.S.Nos.20 and 21 of 2017 dated 28.09.2018 on the file of Sub-Judge, Jeyamkondam. 3/6
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 petitioner's petitioner's representation dated 20.01.2025 and online application dated 26.02.2025 shall be disposed of within a period of 12 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, respondents 3 to 5 and all other interested parties are left open. No costs.
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To:
1.The Revenue Divisional Officer, Udayarpalayam Division, Udayarpalayam Ariyalur District.
2.The Thasildhar, Jayamkondam Taluk, Udayarpalayam and Post, Ariyalur District.
3.The Thasildhar (LA), Jayamkondam Lignite Power Project, Jayamkondam Udayarpalayam Taluk, Ariyalur District.
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MOHAMMED SHAFFIQ, J.
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