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Madras High CourtWP/29073/2025disposed of

J.Ravi Sankar v. The District Collector

2025-08-05Honourable Mr.Justice Mohammed Shaffiq7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.32616 of 2025 J.Ravi Sankar

...Petitioner

Versus

1.The District Collector, Chengalpattu District, Chengalpattu.

2.The District Revenue Officer, Chengalpattu District, Chengalpattu.

3.The Revenue Divisional Officer, Chengalpattu Division, Chengalpattu.

4.The Tahsildar, Chengalpattu Taluk, Chengalpattu District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records relating to online rejection of my application vide 2024/0105/35/508145 by the 4th respondent herein dated 09.11.2024 and 1/7

consequently, direct the 4th respondent herein to issue sub-division and transfer patta in the petitioner's name for the lands measuring an extent of 0.23 Cents out of Acre 1.31 Cents in S.F.No.57/1A1A1 situated in No.222Edayankodumanthangal Village, Pulipakkam Panchayat, Kattakulathur Panchayat Union Limit, Chengalpattu Taluk, Chengalpattu District. For Petitioner :

Mr.I.Inian For Respondents :

Mr.P.Sathish, Additional 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.

2. The relief sought in the present writ petition is to call for the records relating to Online Rejection Order dated 09.11.2024 passed by 4th respondent rejecting the petitioner's Application No. 2024/0105/35/508145 and consequently, direct the 4th respondent to issue sub-division and transfer the Patta in petitioner's name in respect of the land measuring an extent of 0.23 Cents out of Acre 1.31 Cents comprised in S.F.No.57/1A1A1 situated at No.222, Edayankodumanthangal Village, Pulipakkam Panchayat, Kattakulathur Panchayat Union Limit, Chengalpattu Taluk, Chengalpattu 2/7

District (hereinafter referred to as "subject property").

3. The learned counsel for the petitioner submitted that the petitioner submitted an Online Application bearing No.2024/0105/35/508145 for subdivision and transfer the Patta in respect of the subject property in his favour. On 09.11.2024, the petitioner received a SMS from the office of 4th respondent stating that the petitioner's Online Application has been rejected for the reason that a court case/appeal pertaining to the subject property is pending.

3.1. It is further submitted by the learned counsel for the petitioner that there is no civil suit pertaining to the subject property is pending before any Civil Court. It is to be noted that in the impugned rejection order dated 09.11.2024, 4th respondent has not set out details regarding the court case/appeal which is stated to be pending. Therefore, the learned counsel for the petitioner submitted that the impugned order suffers from gross nonapplication of mind.

4. The learned Additional Government Pleader appearing for the 3/7

respondents submitted that if the petitioner submits a fresh Online Application for sub-division and transfer the Patta in respect of the subject property, 4th respondent would consider the same, within a time frame to be stipulated by this Court.

5. The above submission made by the learned Additional Government Pleader for the respondents has been fairly conceded by the learned counsel for the petitioner.

6. As far as this case is concerned, this Court is of the opinion that there is merit in the submissions made by the learned counsel for the petitioner. Hence, this Writ Petition stands disposed of on the following terms:

(i) The impugned Rejection Order dated 09.11.2024 passed by 4th respondent is quashed.

(ii) The petitioner is directed to submit a fresh Online Application for Sub Division Patta Transfer in respect of the subject property and pay necessary fees for the same, within a period of four weeks from the date of uploading of web copy of this order without waiting for the receipt of 4/7

certified copy of this order.

(iii) On submission of such Online Application by the petitioner, 4th respondent shall consider the same, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and all other interested parties including rival claimants, if any, within a period of twelve weeks from the date of submission of petitioner's Online Application. (iv) 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 4th respondent shall independently consider the facts and law set out in the petitioner's Online 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.

(v) 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 4th 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.

7. There shall be no order as to costs. Consequently, connected 5/7

Miscellaneous Petition is closed.

05.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order To 1.The District Collector, Chengalpattu District, Chengalpattu.

2.The District Revenue Officer, Chengalpattu District, Chengalpattu.

3.The Revenue Divisional Officer, Chengalpattu Division, Chengalpattu.

4.The Tahsildar, Chengalpattu Taluk, Chengalpattu District.

MOHAMMED SHAFFIQ, J.

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mrr 05.08.2025 7/7