Dr.G.Rajasekaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP No.35871 of 2025 Dr.G.Rajasekaran : Petitioner Vs.

1.The District Collector, O/o the District Collector, Singaravelar Maligai, Rajaji Road, Chennai 600 001 2.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Central Madras, Thirumangalam, Chennai 3.The Tahsildar, Amanjakkarai Taluk Office, Amanjakkarai Post & Taluk, Chennai District : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus call for the records relating to the proceedings made in file No.2024/054/02/018178 dated 22.01.2025 on the file of the 3rd respondent / Tahsildar, Amanjakkari and quash the same and further direct the 3rd respondent to issue patta along with sub division for the Plot No.38 to an 1/6

extent of 2730 sq.ft situated in survey No.235/1, T.S.No.70 at Block No.7 in Amaravathi nagar, Main Road, Arumbakkam Village, Chennai district in the name of petitioner on par with Document No.2549 of 1999 on the file of the Sub Registrar, Kodambakkam, dated 06.08.1999.

For Petitioner : Mr.D.Veerasekaran For Respondents : Mr.P.Sathish, Additional 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 challenging the proceedings dated 22.01.2025 whereby petitioner's request for issue of patta in respect of property comprised in Survey No.235/1, T.S.No.70 in Plot No.38 measuring an extent of 2730 sq.ft. situated at Block No.7, Amaravathi Nagar, Main Road, Arumbakkam Village, Chennai district in the name of petitioner with Document No.2549 of 1999 on the file of the Sub Registrar, Kodambakkam, dated 06.08.1999 was rejected on the premise that parent/linked documents were not submitted.

3. The short ground on which the impugned proceedings are challenged is 2/6

that no enquiry whatsoever was conducted, and the reasons set out in the impugned order, namely parent/link document was not submitted are contrary to the facts inasmuch as the petitioner had infact submitted parent/link document.

4. This Court finds that the impugned order is not a speaking order.

5. At this juncture, learned Additional Government Pleader would submit that they would re-consider the petitioner's request after issuing notice to petitioner and affording a reasonable opportunity of hearing and pass a speaking order, which was agreed to by the learned counsel for petitioner.

6. In view thereof, this court is inclined to dispose of the writ petition with following directions:

i) The impugned order dated 22.01.2025 is set aside. ii) The third respondent shall re-consider the petitioner's request for issuance of patta 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 a speaking order.

iii) Though facts have been set out in affidavit, in view of the limited relief 3/6

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 case 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. iv) The above exercise shall be completed/appropriate orders passed, within a period of four months from the date of uploading of web copy without waiting for the receipt of certified copy.

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 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. 7.Accordingly, the writ petition stands disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. 22.08.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, O/o the District Collector, Singaravelar Maligai, 4/6

Rajaji Road, Chennai 600 001 2.The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Central Madras, Thirumangalam, Chennai 3.The Tahsildar, Amanjakkarai Taluk Office, Amanjakkarai Post & Taluk, Chennai District 5/6

MOHAMMED SHAFFIQ, J.

(mrn) 22.08.2025 6/6