Gunasekaran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 02.09.2025
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY and W.M.P.No.35602 of 2025 Gunasekaran ... Petitioner Vs.
1.The District Collector, District Collectorate, Kancheepuram.
2.The District Revenue Officer-1, Kancheepuram, Kancheepuram District.
3.The Revenue Divisional Officer, Kancheepuram, Kancheepuram District.
4.The Revenue Tahsildar, Uthiramerur Taluk, Kancheepuram District.
5.The Block Development Officer, Uthiramerur Block, Kancheepuram District.
... Respondents 1/7
Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the order in Na.Ka.No.02/2024A11, dated 02.04.2025 issued by the fourth respondent and quash the same and consequently direct the respondents to issue patta in the petitioner's name for the natham land comprised in S.F.No.603/2 situated at Sathanancherry Village, Uthiramerur Taluk, Kancheepuram District. For Petitioner : Mr.G.Pugazhendhi For Respondents 1 to 4 : Mr.D.Ravichander, Special Government Pleader For Respondent 5 : Mr.N.R.R.Arun Natarajan, Standing Counsel
ORDER
This writ petition has been filed to call for the records pertaining to the order in Na.Ka.No.02/2024A11, dated 02.04.2025 issued by the fourth respondent and quash the same and consequently direct the respondents to issue patta in the petitioner's name for the natham land 2/7
comprised in S.F.No.603/2 situated at Sathanancherry Village, Uthiramerur Taluk, Kancheepuram District.
2. Mr.D.Ravichander, learned Special Government Pleader takes notice on behalf of the respondents 1 to 4 and Mr.N.R.R.Arun Natarajan, learned Standing Counsel takes notice on behalf of 5th respondent. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.
3. The case of the petitioner is that the property comprised in S.F.No.603/2 (Old S.F.No.255/44), situated in Sathanancherry Village, Uthiramerur Taluk, Kancheepuram District was originally owned by Thyagarayya Achari, Vellaya Achari, Subramanya Achari and Parthasarathy Achari and later, it was sold to one Krishnayyangar on 31.03.1924 and subsequently, it was purchased by the petitioner's grandfather Chinnasamy Nayagar on 17.10.1937. The petitioner inherited the property from co-sharers and has been in continuous possession for over 20 years without dispute. This being so, the 3/7
petitioner submitted a representation dated 03.03.2025 before the fourth respondent, seeking patta, along with all relevant documents. However, the same was rejected vide order dated 02.04.2025, stating that S.F.No.603/2 does not exist and that the petitioner had mistakenly cited wrong survey number. Challenging the said order, the petitioner has come forward with the present writ petition.
4. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 14.07.2025.
5. Learned Special Government Pleader appearing for the respondents 1 to 4 submitted that the petitioner has sent a representation to the first respondent/District Collector. However, in the case on hand, the competent authority to issue patta is, the fourth respondent/The Revenue Tahsildar. Hence, this Court may issue direction to the petitioner to send a fresh representation to the fourth respondent. In the 4/7
event of any fresh representation made by the petitioner, the same would be considered and orders passed within a time frame that may be fixed by this Court.
6. Heard the learned counsel on either side and perused the materials available on record.
7. Considering the submissions made by the learned counsel on either side, this Court is inclined to issue the following directions: (i) The petitioner is directed to send a fresh representation to the fourth respondent for issuance of patta, within a period of two weeks from the date of receipt of a copy of this order; (ii) On such representation, the fourth respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, within a period of twelve
(12) weeks thereof.
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With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 02.09.2025 Speaking/Non-speaking order Index : Yes / No vm To 1.The District Collector, District Collectorate, Kancheepuram.
2.The District Revenue Officer-1, Kancheepuram, Kancheepuram District.
3.The Revenue Divisional Officer, Kancheepuram, Kancheepuram District.
4.The Revenue Tahsildar, Uthiramerur Taluk, Kancheepuram District.
5.The Block Development Officer, Uthiramerur Block, Kancheepuram District.
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KRISHNAN RAMASAMY.J., vm and W.M.P.No.35602 of 2025 02.09.2025 7/7