V.Setu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ V.Setu ... Petitioner Vs.
1. The District Collector, Thiruvannamalai District.
Thiruvannamalai.
2. The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.
3. The Revenue Divisional Officer, Revenue Divisional Office, Arani.
4. The Tahsildhar, Kalasapakkam Taluk, Thiruvannamalai District - 606 751.
5. S.Kamalamal
6. K.Bichandi ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the third respondent to dispose of petitioner first appeal dated 19.12.2024 preferred against the order Ref.No.A4/1906/2024 dated 21.11.2024 passed by the fourth respondent within a time limit that may be prescribed by this Court. For Petitioner :
Mr.B.Hari Krishnan For Respondents :
Mr.P.Sathish Addl. Govt. Pleader for R1 to R4
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. Since no adverse order is going to be passed, notice to respondents 5 & 6 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct third respondent to dispose of the appeal dated 19.12.2024.
3. It is submitted by the learned counsel for petitioner that the name of the respondents 5 & 6 have been wrongly included in the patta which stood in the name of the petitioner in respect of the subject property comprised in Old Survey No.106/1A, New Survey No.106/56 situated at
Singaputheari Village, Kalasapakkam Taluk, Thiruvannamalai District. Aggrieved by the same, the petitioner preferred an appeal on 19.12.2024 before third respondent and the same is stated to be pending. Under such circumstances, petitioner has come before this Court.
4. When this was pointed out, learned Additional Government Pleader for respondents 1 to 4 would submit that petitioner's appeal dated 19.12.2024 would be considered and appropriate orders would be passed in accordance with law, after issuing notice to petitioner, respondents 5 & 6 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) The concerned respondent shall dispose the appeal dated 19.12.2024, after issuing notice and affording a reasonable
opportunity of hearing to petitioner, respondents 5 & 6 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 appellate authority shall independently consider the facts and law set out in the appeal 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 petitioner's appeal dated 19.12.2024 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 view 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 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
1. The District Collector, Thiruvannamalai District.
Thiruvannamalai.
2. The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.
3. The Revenue Divisional Officer, Revenue Divisional Office, Arani.
4. The Tahsildhar, Kalasapakkam Taluk, Thiruvannamalai District - 606 751.
MOHAMMED SHAFFIQ, J.
vji 25.08.2025