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Madras High CourtWP/30683/2025disposed of

Sellam v. The District Collector

2025-08-25Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sellam ... Petitioner Vs.

1. The District Collector, Perambalur.

2. The District Revenue Officer, District Revenue Office, Perambalur.

3. The Tahsildar, Tahsildar Office, Alathur.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the second respondent to consider the representation dated 10.07.2025 and issue patta for the entire extent of 866 sq.ft in favour of the petitioner For Petitioner :

Mr.G.Ilamurugu For Respondents :

Mr.R.P.Murugan Raja Government Advocate

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.

2. The present writ petition is filed praying for a writ of mandamus to direct second respondent to consider the representation of petitioner dated 10.07.2025.

3. It is submitted by the learned counsel for petitioner that petitioner submitted a representation dated 10.07.2025 before second respondent seeking rectification/correction in the measurement of the property in the revenue records by recording the extent as 678 sq.ft. instead of 866 sq.ft in respect of Survey No.497/2. However petitioner's representation was not considered by second respondent till date. Aggrieved by the same, petitioner has come before this Court.

4. When this was pointed out, learned Government Advocate for respondents would submit that petitioner's representation dated 10.07.2025

would be considered and appropriate orders would be passed in accordance with law, after issuing notice to petitioner 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 second respondent shall consider the representation dated 10.07.2025, after issuing notice and affording a reasonable opportunity of hearing to petitioner 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 authority shall independently consider the facts and law set out in the application 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 representation dated 10.07.2025 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 view with regard to the merits of the case and it is open to second 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, Perambalur.

2. The District Revenue Officer, District Revenue Office, Perambalur.

3. The Tahsildar, Tahsildar Office, Alathur.

MOHAMMED SHAFFIQ, J.

vji 25.08.2025