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Madras High CourtWP/30549/2025disposed of

M.Kanagaraj v. The District Collector

2025-08-22Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.Kanagaraj : Petitioner Vs.

1.The District Collector, 2.The District Revenue Officer, 3.The District Revenue Officer, 4.The Tahsildar, Thirukazhukundram Taluk, Chengalpattu District : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the 4th respondent to consider the petitioner's representation dated 30.06.2025 and to issue patta in favour of petitioner confining only Lawful possession of the petitioner to an extent of 3 Acres and 0.50 cents out of 4 Acres and 0.60 cents in S.No.39 Patta No.271 in Kadampadi Village, Thirukazhukundram- Taluk, Chengalpattu District. For Petitioner : Mr.M.Arumugam 1/6

For Respondents : Mr.A.Selvendran, Special Government 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 present writ petition is filed praying for a writ of mandamus to direct fourth respondent to issue patta in favour of petitioner with respect to lands comprised in S.No.39 measuring an extent of 3 Acres and 0.50 cents out of 4 Acres and 0.60 cents in Patta No.271 situated at Kadampadi Village, Thirukazhukundram- Taluk, Chengalpattu District by considering petitioner's representation dated 30.06.2025.

3. At the outset, it is submitted by learned Special Government Pleader for respondents 1 to 4 that subject lands are Government Waste lands and therefore, petitioner may not be entitled for patta. In any view he would submit that petitioners' representation dated 30.06.2025 would be considered and appropriate orders would be passed keeping in view any Government Order/Judicial order 2/6

which governs the issue, within a time frame to be fixed by this Court, which was agreed to by learned counsel for petitioners.

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 fourth respondent shall consider representation dated 30.06.2025 after issuing notice, conducting enquiry and affording a reasonable opportunity of hearing to petitioner and all other interested parties including rival claimants, if any and pass orders, keeping in view any Government Order/Judicial order which governs the issue.

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 representation 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 representation dated 30.06.2025 shall be disposed of within a period of twelve (12) weeks from the date of uploading of web copy 3/6

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 petitioners and all other interested parties are left open.

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

22.08.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, 4/6

2.The District Revenue Officer, 3.The District Revenue Officer, 4.The Tahsildar, Thirukazhukundram Taluk, Chengalpattu District 5/6

MOHAMMED SHAFFIQ, J.

(mrn) 22.08.2025 6/6