Venkatachalam v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Venkatachalam : Petitioner Vs.

1.The Revenue Divisional Officer, Revenue Divisional Office, M4FA+G8V, Subramanya Nagar, Salem-636 005.

2.Tahsildhar, Taluk Office, Asthampatti, Salem.

3.Anand : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the first respondent to pass orders on the petitioner's appeal petition dated 26.07.2024 filed before first respondent within a time frame fixed by this Court.

For Petitioner :

Mr.J.Titus Enock For Respondents : Mr.P.Sathish, Additional Government Pleader 1/5

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 and also the limited relief that is sought to be granted, notice to respondent No.3 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct first respondent to pass orders on petitioner's appeal dated 26.07.2024, challenging proceedings of second respondent dated 23.07.2024, whereby patta has been issued in patta No.50 in the name of third respondent with respect to property comprised in Survey No.13/2C1 situated at Achankuttapatti Pudhur Village, Salem Taluk, Salem District during the pending of the suit in OS No.623 of 2023 before I Additional Sub Judge, Salem.

3. At the outset, it is submitted by P.Sathish, learned Additional Government Pleader for respondents 1 and 2 that the appeal dated 26.07.2024 filed by the petitioner would be considered and appropriate orders would be passed, within a time frame to be fixed by this Court, which was agreed to by the learned counsel 2/5

for petitioner.

4. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The first respondent shall consider the appeal dated 26.07.2024 of the petitioner, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, third respondent 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 authority shall independently consider the facts and law set out in the appeal 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 petitioner's appeal dated 26.07.2024 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 views with regard 3/5

to the merits of the case and it is open to the concerned respondent to consider the appeal/matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open.

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

11.08.2025 Speaking (or) Non Speaking Order mrn To 1.The Revenue Divisional Officer, Revenue Divisional Office, M4FA+G8V, Subramanya Nagar, Salem-636 005.

2.Tahsildhar, Taluk Office, Asthampatti, Salem.

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MOHAMMED SHAFFIQ, J.

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