V.Devaraj v. The Thasildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.08.2025 Coram:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ V.Devaraj
...Petitioner
Versus
1.The Tahsildar, Taluk Office, Denkanikottai - 635 107, Krishnagiri District.
2.The Head Surveyor, Taluk Office, Denkanikottai - 635 107, Krishnagiri District.
3.Chandra Nayaka 4.Madhevi Bhai 5.Thani Bhai 6.Ramana Nayaka 7.Chivi Bhai 8.Sivaraj Nayaka 9.Nagaraj Nayak
...Respondents
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Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 and 2 to grant Patta in the petitioner's favour in respect of his properties comprised in S.No.5/7 measuring to an extent of 54 cents and S.No.5/9 measuring to an extent of 96 cents, situated at Chikkaveripalli Village, Denkanikottai Taluk, Krishnagiri District by considering the Representation dated 04.07.2025 within a stipulated period.
For Petitioner :
Mr.M.Mohamed Riyaz For Respondents - 1 & 2:
Mr.A.Selvendran, Special Govt. Pleader
ORDER
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 in this writ petition, notice to the respondents 3 to 9 is dispensed with.
2. The relief sought in this writ petition is to direct the respondents 1 & 2 to grant Patta in petitioner's favour in respect of his properties comprised in S.No.5/7 measuring an extent of 54 cents and S.No.5/9 measuring to an extent of 96 cents situated at Chikkaveripalli Village, Denkanikottai Taluk, Krishnagiri District by considering the petitioner's Representation dated 04.07.2025 within a stipulated period. 2/6
3. At the outset, the learned Special Government Pleader appearing for the respondents 1 & 2 submitted that the 1st respondent would consider the petitioner's Application dated 27.06.2025 for sub-division Patta transfer, within a time frame to be fixed by this Court.
4. The submission made by the learned Special Government Pleader for the respondents 1 & 2 has been fairly conceded by the learned counsel for the petitioner.
5. In view of the limited relief sought by the petitioner, this Court is inclined to dispose of this Writ Petition with the following directions: (i) The 1st respondent shall consider the petitioner's Application dated 27.06.2025 for sub-division Patta transfer, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, respondents 3 to 9 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 1st respondent shall independently 3/6
consider the facts and law set out in the petitioner's Application and pass appropriate orders, in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act, 1983 and Tamil Nadu Patta Pass Book Rules, 1987.
(iii) The 1st respondent shall dispose of the petitioner's Application dated 27.06.2025, within a period of twelve weeks from the date of uploading of web copy of this order without waiting for the receipt of certified copy of this order.
(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 1st respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open. No costs.
12.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 4/6
To 1.The Tahsildar, Taluk Office, Denkanikottai - 635 107, Krishnagiri District.
2.The Head Surveyor, Taluk Office, Denkanikottai - 635 107, Krishnagiri District.
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MOHAMMED SHAFFIQ, J.
mrr 12.08.2025 6/6