Sekar v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sekar Petitioner(s) Vs 1.The Member Secretary, Tamil Nadu Boodhan Board/ The Commissioner of 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, praying to issue a Writ of Mandamus directing the 2nd respondent to transfer the patta vide No.2103 on the file of 2nd respondent in petitioner's name in respect of the properties comprised in Survey No.164/8 admeasuring an extent of 39 cents situated at Poondi Village, Chinnasalem Taluk, Kallakurichi District pursuant to the petitioner's representation dated 28.07.2025. For Petitioner(s) : Mr.N.Ranjith Kumar For Respondent(s) : Mr.S.J.Mohammed Sathik 1/6
Government Advocate
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 directing the 2nd respondent to transfer patta vide Patta No.2103, in respect of the properties comprised in Survey No.164/8 on the file of 2nd respondent in petitioner's name.
3. It is submitted by the learned counsel for petitioner that petitioner submitted a representation 28.07.2025 seeking transfer of patta vide Patta No.2103, in respect of the property comprised in Survey No.164/8, measuring an extent of 39 cents, situated at Poondi Village, Chinnasalem Taluk, Kallakurichi District, which is stated to be kept pending. Hence this writ petition.
4. At the outset, it is submitted by Mr.S.J.Mohammed Sathik, learned Government Advocate for respondents that originally the subject property which is a Bhoodan land was assigned to petitioner's grandfather. He would further submit that in view of the fact that the subject land is Bhoodan land, question of issuing patta may not be permissible. In any view, he would submit that 2/6
petitioner's representation dated 28.07.2025 would be considered and appropriate orders would be passed in accordance with law after affording the petitioner a reasonable opportunity of hearing.
5. In view thereof the writ petition stands disposed of with following directions;
i) The respondents shall consider the representation dated 28.07.2025, after issuing notice and affording a reasonable opportunity of hearing to the petitioner 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 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 28.07.2025 shall be disposed of within a period of 16 weeks from the date of uploading of web copy without waiting for 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 3/6
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. No costs. 21.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:
1.The Member Secretary, 4/6
Tamil Nadu Boodhan Board/ The Commissioner of 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.
5/6
MOHAMMED SHAFFIQ, J.
mka 21.08.2025 6/6