V.Kesavan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.28155 of 2024 V.Kesavan

...Petitioner

Vs.

1.The District Collector Chennai Collectorate Office Singaranvelan Maligai Rajaji Salai Chennai 600 001.

2.The Land Commissioner Ezhilagam Chepauk Chennai 600 005.

3.The District Revenue Officer Chennai District O/o. District Collectorate Office, Chennai Singaravelan Maligai, Rajaji Salai Chennai 600 001.

4.The Revenue Divisional Officer Chennai North Gandhi Main Road Puzhal 5.The Tahsildhar 1/6

Gandhi Main Road, Puzhal

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 05.09.2023 and to retain the petitioner's father patta No.1019 dated 16.06.1965 which is given by the Thasildar, Saidapet, in respect of the property in Survey Number 270/1, measuring to an extent of 1 acre and 30 cents situated at Puzhal Village, Madhavaram Taluk, Chennai District.

For Petitioner : Mr.M.P.Saravanan For Respondents : Mr.S.J.Sathik Mohamed for R1 to R5 Government Advocate

O R D E R

The petitioner herein seeks a direction to the respondents to consider his representation dated 05.09.2023 seeking retention of patta issued in the name of the petitioner's father on 16.06.1965 in respect of the property situated in S.No.270/1 with an extent of 1 acre 30 cents at Puzhal Village, 2/6

Madhavaram Taluk, Chennai District.

2. It is the case of the petitioner that the above mentioned property is the ancestral property and patta for the same was issued in the name of his father in the year 1965. Now, the petitioner submitted a representation on 05.09.2023 seeking issuance of computer patta in the name of his father and the same has not been considered. Hence, the petitioner is before this Court.

3. Mr.S.J.Sathik Mohamed, learned Government Advocate, who takes notice for the respondents 1 to 5 would submit that S.No.270/1 is classified as Government Poromboke in A-Register. Therefore, the representation of the petitioner cannot be considered.

4. A perusal of the patta included in the typed set of papers would suggest that the patta for S.No.270/1 was issued in the name of the petitioner's father namely Valmuniyan, as early as 16.06.1965.

5. In view of the same, without going into the merits of the claim made by the petitioner as well as respondents, this Court is inclined to issue a direction to the fifth respondent to consider the representation of the petitioner 3/6

dated 05.09.2023 and pass final order, on its own merits and without influenced by anything said in this order, within a period of 8 weeks from the date of receipt of copy of this order and communicate the same to the petitioner.

6. With the above direction, this Writ Petition is disposed of. No costs.

25.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna 4/6

To 1.The District Collector Chennai Collectorate Office Singaranvelan Maligai Rajaji Salai Chennai 600 001.

2.The Land Commissioner Ezhilagam Chepauk Chennai 600 005.

3.The District Revenue Officer Chennai District O/o. District Collectorate Office, Chennai Singaravelan Maligai, Rajaji Salai Chennai 600 001.

4.The Revenue Divisional Officer Chennai North Gandhi Main Road Puzhal 5.The Tahsildhar Gandhi Main Road, Puzhal 5/6

S.SOUNTHAR , J.

dna W.P No.28155 of 2024 25.09.2024 6/6