Mohammed Farhan v. The Thasildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mohammed Farhan ... Petitioner Vs.

1. The Tahsildar, Madhavaram Taluk, Gandhi Main Road, Balaji Nagar, Puzhal, Chennai - 600 066.

2. George Thomas ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct first respondent to dispose of the proceeding bearing Na.Ka.A1/765/2023 pending before the first respondent within a time frame.

For Petitioner :

Mr.K.Venkatasubban for M/s.Sarvabhauman Associates For Respondents :

Mr.A.Selvendran Spl. Government Pleader for R1

O R D E R

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 2 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct first respondent to dispose of the proceedings vide Na.Ka.A1/765/2023 dated 19.09.2023.

3. It is submitted by the learned counsel for petitioner that the patta originally stood in the name of petitioner in Patta No.10775 in respect of the property comprised in Plot No.707B, Survey No.24/4B, measuring an extent of 4370 sq.ft situated at Soorapattu Village, Madhavaram Taluk. However, all of a sudden, petitioner's name was deleted and the patta was mutated in the name of second respondent without issuing any notice to petitioner. Aggrieved by same, petitioner submitted a representation dated

13.03.2023 to first respondent. Pursuant thereto, proceedings was issued on 19.09.2023 to petitioner to appear for enquiry on 03.10.2023. However, there was no progress. Hence, the present writ petition has been filed.

4. When this was pointed out, learned Special Government Pleader for first respondent would submit that petitioner's request to dispose of the proceedings dated 19.09.2023 would be considered and appropriate orders would be passed in accordance with law, after issuing notice to petitioner, second respondent 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 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) First respondent shall dispose the proceedings dated 19.09.2023 in Na.Ka.A1/765/2023, after issuing notice and affording a reasonable opportunity of hearing to petitioner, second respondent 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 case and pass appropriate orders in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules.

iii) The entire process shall be completed of within a period of twelve (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 view with regard to the merits of the case and it is open to first respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of petitioner and all other interested parties are left open.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

25.08.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To The Tahsildar, Madhavaram Taluk, Gandhi Main Road, Balaji Nagar, Puzhal, Chennai - 600 066.

MOHAMMED SHAFFIQ, J.

vji 25.08.2025