K.Shankar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Shankar ... Petitioner Vs.

1. The Commissioner, Department of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2. The District Collector, Collectorate, Thiruvallur - 602 001.

3. The District Revenue Officer, Collectorate, Thiruvallur - 602 001.

4. The Revenue Divisional Officer, Collectorate, Thiruvallur - 602 001.

5. The Tahsildar, Poonamallee Taluk, Poonamallee, PIN - 600 056.

6. P.Shankar ... Respondents Prayer : This petition has been filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, directing the respondents not to grant patta in the property comprised in Survey No.2/3, No.92, Noombal Village, Poonamallee Taluk, Thiruvallur District vide Document No.1426 of 1968 in favour of the 6th respondent. For Petitioner : Mr. S.Shunmuga Raja for M/s. Chennai Law Firm For Respondents : Mr. P.Sathish, Addl. Government Pleader (for R1 to R5)

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 the 6th respondents is dispensed with.

2. The present writ petition is filed praying for a Writ of Mandamus to direct respondents not to grant patta to the property comprised in Survey No.2/3, No.92, Noombal Village, Poonamallee Taluk, Thiruvallur District vide Document No.1426 of 1968 in favour of the 6th respondent.

3. It is submitted by the learned counsel for the petitioner that the petitioner submitted a representation on 12.02.2025 to restrain the respondent from granting patta in favour of the 6th respondent, who according to the petitioner is trying to take advantage of the similarity in the name. However the petitioner's representation was not considered by the respondents till date. Aggrieved by the same, the petitioner has come before this Court.

4. Mr. P.Sathish, learned Additional Government Pleader would submit that neither the petitioner nor the 6th respondent can have any right, title or interest over the subject property inasmuch as the subject property

comprised is anaadhinam land and therefore, the question of issuance of patta or permitting neither the petitioner nor the 6th respondent to continue to remain in occupation itself is questionable. He would anyway submit that the petitioner's representation would be considered and after affording opportunity of hearing to the petitioner as well as the 6th respondent, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner. He would further submit that if it is found that the subject property is the anaadhinam land, they would take appropriate action to evict the occupants of the subject property after following due process of law.

5. In view thereof, this writ petition stands disposed of. There will be no order as to cost.

08.08.2025 Index: Yes/No Speaking /Non-speaking order Maya

To

1. The Commissioner, Department of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2. The District Collector, Collectorate, Thiruvallur - 602 001.

3. The District Revenue Officer, Collectorate, Thiruvallur - 602 001.

4. The Revenue Divisional Officer, Collectorate, Thiruvallur - 602 001.

5. The Tahsildar, Poonamallee Taluk, Poonamallee, PIN - 600 056.

MOHAMMED SHAFFIQ, J.

Maya Dated : 08.08.2025