Shanmugam v. The Sub Collector Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Shanmugam : Petitioner Vs.
1.The Sub Collector/Revenue Divisional Officer, Dharmapuri Revenue Division, Dharmapuri, Dharmapuri District.
2.The Tahsildhar, Dharmapuri Taluk, Dharmapuri, Dharmapuri District.
3.Mathiyazhagan : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the first respondent to dispose the appeal of petitioner dated 14.07.2024 with regard to cancellation of patta issued in the name of third respondent in respect of property in S.No.652/2, situated at Kammampatti Village, Nallampalli Taluk, Dharmapuri District. For Petitioner : Mr.R.Jothimanian For Respondents : Mr.P.Sathish, Additional Government Pleader for R1 and R2
ORDER
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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 No.3 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct first respondent to dispose the appeal dated 14.07.2024 filed by petitioner with regard to cancellation of patta issued in the name of third respondent in respect of property comprised in S.No.652/2, situated at Kammampatti Village, Nallampalli Taluk, Dharmapuri District.
3. At the outset, it is submitted by P.Sathish, learned Additional Government Pleader for respondents 1 and 2 that the appeal dated 14.07.2024 filed by 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 petitioner.
4. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: 2/5
i) The first respondent shall consider the appeal dated dated 14.07.2024 of petitioner, after issuing notice and affording a reasonable opportunity of hearing to petitioner, third respondent 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 authority shall independently consider the facts and law set out in the appeal 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 appeal dated 14.07.2024 shall be disposed of within a period of sixteen (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 case and it is open to the concerned respondent to consider the appeal/matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open.
5. Accordingly, the writ petition stands disposed of. There will be no order 3/5
as to costs.
11.08.2025 Speaking (or) Non Speaking Order mrn To 1.The Sub Collector/Revenue Divisional Officer, Dharmapuri Revenue Division, Dharmapuri, Dharmapuri District.
2.The Tahsildhar, Dharmapuri Taluk, Dharmapuri, Dharmapuri District.
MOHAMMED SHAFFIQ, J.
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