M.Manavalan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Manavalan : Petitioner Vs.

1.The District Collector, Villupuram 2.The Sub Collector, Tindivanam, Villupuram District 3.The Tahsildar, Tindivanam, Villupuram District : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents to mutate the patta in the petitioner's name for the properties comprised in Old S.No.91, New Survey No.33 measuring 2.06 acres and in Old S.No.27/10, New S.No.100/6, measuring 0.46 cents situated at Neikuppi village, Tindivanam, Taluk, Villupuram district. For Petitioner :

Mr.G.Baskar For Respondents :

Mr.A.Selvendran, Special Government Pleader 1/6

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a writ of mandamus to direct the respondents to mutate patta in petitioner's name in respect of properties comprised in Old S.No.91, New Survey No.33 measuring an extent of 2.06 acres and comprised in Old S.No.27/10, New S.No.100/6, measuring an extent of 0.46 cents situated at Neikuppi village, Tindivanam, Taluk, Villupuram district.

3. At the outset, it was submitted by learned Special Government Pleader that the petitioner was assigned the above subject lands under Deed of Assignment of Surplus Land under Section 94 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act 1961 dated 10.06.1978. It is submitted by learned Special Government Pleader that the above assignment had conditions attached and one such condition is, payment of a particular sum. In the present case, the amount was around Rs.625 during the year 1978. However, the same has not been paid by petitioner in full and the documents which were enclosed 2/6

only shows that a sum of Rs.215/- was all that was paid instead of Rs.625/- which ought to have been paid.

4. Learned Special Government Pleader would submit it is this reason which would weighed with the authorities rejecting considering petitioner's request for grant of patta in respect of the subject property. In any view, he would submit that petitioner's representation dated 28.03.2025 would be considered and appropriate orders would be passed, within a time frame to be fixed by this Court, which was agreed to by 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 respondents shall consider representation dated 28.03.2025 after issuing notice, conducting enquiry and affording a reasonable opportunity of hearing to petitioner and all other interested parties including rival claimants, if any and pass orders.

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 3/6

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 petitioners' representation dated 28.03.2025 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 matter on its own merits and in accordance with law. Rights and contentions of the petitioners and all other interested parties are left open.

6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

28.08.2025 Speaking (or) Non Speaking Order mrn 4/6

To 1.The District Collector, Villupuram 2.The Sub Collector, Tindivanam, Villupuram District 3.The Tahsildar, Tindivanam, Villupuram District 5/6

MOHAMMED SHAFFIQ, J.

(mrn) 28.08.2025 6/6