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Madras High CourtWP/36608/2025disposed of

K.Balu v. The District Collector

2025-09-25Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.09.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY and W.M.P.No.36608 of 2025 K.Balu ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Cuddalore, Cuddalore District.

2.The District Revenue Officer, Office of the District Revenue Officer, Cuddalore, Cuddalore District.

3.The Revenue Divisional Officer/Sub Collector, Chidambaram, Cuddalore District.

4.The Tahsildar, Kattumannarkovil Taluk, Cuddalore, Cuddalore District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd & 4th respondents to issue a patta in favour of the petitioner for the property measuring to an extent of 0.460 square meter situated in Old S.No.48, New S.No.112/1, Vanamadevi Village, Kattumannarkovil Taluk, Cuddalore 1/6

District by taking note of the communications issued by the first respondent in his proceedings Na.Ka.Vi7/947719/2023 dated 22.09.2023 and the fourth respondent in his proceedings in Na.Ka.A4/873/2024 dated 19.03.2025.

For Petitioner : M/s.R.Hemalatha For Respondents : Mr.R.P.Murugan Raja, Government Advocate

ORDER

The relief sought for in this writ petition is to direct the respondents 2 & 3 to issue a patta in favour of the petitioner for the property measuring to an extent of 0.460 square meter situated in Old S.No.48, New S.No.112/1, Vanamadevi Village, Kattumannarkovil Taluk, Cuddalore District by taking note of the communications issued by the first respondent in his proceedings Na.Ka.Vi7/947719/2023 dated 22.09.2023 and the fourth respondent in his proceedings in Na.Ka.A4/873/2024 dated 19.03.2025.

2. Mr.R.P.Murugan Raja, learned Government Advocate takes notice on behalf of respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself. 2/6

3. The case of the petitioner is that the tiled house situated in Old S.No.48, New S.No.112/1, an extent of 1755 sq.mt, Vanamadevi Village, Kattumannarkovil Taluk, Cuddalore District is an ancestral property of the petitioner. After the demise of petitioner's father, the petitioner took possession of the said property. Though it is an ancestral property, till date, the respondents have not issued any patta. Therefore, the petitioner approached this Court by way of filing writ petition in W.P.No.21540 of 2023, seeking to issue patta in favour of petitioner and this Court has passed an order dated 21.07.2023 to issue appropriate order. However, the first respondent vide proceedings dated 22.09.2023, allotted 0.1295 sq.mt of petitioner's land for construction of Government School Building and the petitioner is in possession of the remaining extent of 0.460 sq.mt.

3.1. Thereafter, by virtue of order of this Court in W.P.No.21264 of 2025, the petitioner has obtained electricity connection. Pursuant thereto, again the petitioner has approached the respondents seeking to issue patta and the fourth respondent vide communication dated 19.03.2025 forwarded the proposal to the Sub-Collector, Chidambaram 3/6

for further action. However, no order was passed. Therefore, the petitioner made representation dated 08.09.2025 to the respondents 1 & 2, but the said representation was also not considered, as on date. Hence, 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 1 & 2 to consider the petitioner's representation dated 08.09.2025 and issue patta.

5. Learned Government Advocate appearing for the respondents submitted that the petitioner's representation dated 08.09.2025 would be considered and appropriate 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 limited relief sought for by the learned counsel 4/6

for the petitioner, this Court without going into the merits of the case, directs the respondents 1 & 2 to consider the petitioner's representation dated 08.09.2025 and issue patta, after giving due notice and opportunity of personal hearing to the petitioner as well as aggrieved persons, if any, within a period of six weeks from the date of receipt of a copy of this order. At the time of considering the petitioner's representation, the respondents 1 & 2 are directed to take into consideration the fact that the petitioner's family is in possession for more than 90 years. With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 25.09.2025 Speaking/Non-speaking order Index : Yes / No vm KRISHNAN RAMASAMY.J., vm To 5/6

1.The District Collector, Office of the District Collector, Cuddalore, Cuddalore District.

2.The District Revenue Officer, Office of the District Revenue Officer, Cuddalore, Cuddalore District.

3.The Revenue Divisional Officer/Sub Collector, Chidambaram, Cuddalore District.

4.The Tahsildar, Kattumannarkovil Taluk, Cuddalore, Cuddalore District.

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