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Madras High CourtWP/30105/2025disposed of

Murugesan v. The Member Secretary

2025-08-20Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-08-2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

1. Murugesan Petitioner(s) Vs

1. The Member Secretary Tamil Nadu Boodhan Board/ The Commissioner For Land Administration Chepauk, Chennai.

2.The District Collector Kallakurichi District, Kallakurichi.

3.The District Revenue Officer Kallakurichi, Kallakurichi District.

4.The Tahsildar Chinnasalem Taluk, Kallakurichi District.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ or order or direction in the nature of Writ of Mandamus directing the 2nd respondent to transfer the patta vide NO. 2103 on the file of 2nd respondent in petitioners name for a properties comprised in survey 164/12B admeasuring to an extent of 60 cents and in survey No.164/9A at measuring to an extent of 1 acre situated at poondi village, chinnasalem taluk, kallakurichi district pursuant to the petitioners representation dated 25.07.2025. 1/6

For Petitioner : Mr.N.Ranjith Kumar For Respondents : Mr.S.Balamurugan, Government Advocate For R1 to R4

ORDER

By consent of both the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. The present writ petition is filed praying for a writ of mandamus, directing the 2 nd respondent to transfer patta in respect of the properties comprised in Survey No.164/12B measuring an extent of 60 cents and in Survey No.164/9A measuring an extent of 1 acre situated at Poondi Village, Chinnasalem Taluk, Kallkurichi District based on the petitioner's representation dated 25.07.2025.

3. It is submitted by the learned counsel for petitioner that petitioner made a representation dated 25.07.2025 to the respondents seeking transfer of patta in the name of petitioner in respect of the subject properties. However, no action has been taken on the same. Hence, the present Writ Petition. 2/6

4. It is submitted by the Learned Government Advocate appearing for the respondents that, the petitioner's representation for transfer of patta would be considered and appropriate orders would be passed, within a time frame to be fixed by this Court.

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 concerned respondent shall consider the representation dated 25.07.2025, after issuing notice and affording a reasonable opportunity of hearing to the 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 consider the facts and law set out in the representation and pass appropriate independently order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules.

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iii) The petitioner's representation dated 25.07.2025 shall be disposed of within a period of twelve (12) 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 petitioner and all other interested parties are left open.

6. There will be no order as to cost.

20-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Nhs 4/6

To 1.The Member Secretary Tamil Nadu Boodhan Board/ The Commissioner for Land Administration, Chepauk, Chennai.

2.The District Collector Kallakurichi District, Kallakurichi.

3.The District Revenue Officer Kallakurichi, Kallakurichi District.

4.The Tahsildar Chinnasalem Taluk, Kallakurichi District.

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MOHAMMED SHAFFIQ J.

Nhs 20-08-2025 6/6