Madras High CourtWP(MD)/22074/2025disposed of

Ilayaraja v. The Secretary To Government

2025-08-13Honourable Mr Justice S. Sounthar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Ilayaraja ... Petitioner Vs.

1.The Secretary to Government, Government of Tamilnadu Adi Dravidar & Tribal Welfare Department, Fort St.George, Chennai-600 009.

2.The Chairman, Commission for Scheduled Caste & Scheduled Tribe, Chennai.

3.The District Collector, Office of District Collector, Theni.

4.The Revenue Divisional Officer, Office of Revenue Divisional Officer, 5.The Tahsildar, Periyakulam Taluk, Theni District.

6.The Project Officer, National Highways, Madurai.

7.The Assistant Divisional Engineer, Highways (C & M), 8.The Special Tahsildar, (Land Acquisition) Phase-I, NH-45e & 20, Theni.

9.S.Sundaravadivel ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 8 herein to issue computer patta in the name of the petitioner's father, Late Muthu, S/o.Nallaiyan Samban, for Survey No.310/2A, T.Kallipatti, Thenkarai Village, Periyakulam Taluk, Theni District. For Petitioner : Mr.K.Appadurai For R1 to R8 : Mr.A.Baskaran Additional Government Pleader

ORDER

The petitioner herein seeks a direction to the respondents 1 to 8 to issue computer patta in the name of the petitioner's father, Late Muthu, S/o.Nallaiyan Samban, in repsect of the property situated in Survey No. 310/2A, T.Kallipatti, Thenkarai Village, Periyakulam Taluk, Theni District.

2.Heard the arguments of Mr.K.Appadurai, learned counsel appearing for the petitioner and Mr.A.Baskaran, learned Government Advocate appearing for the respondents 1 to 8. Since no adverse order is passed against the ninth respondent, notice to the ninth respondent is dispensed with.

3.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4.According to the petitioner, the subject property in Survey No.310/2, with an extent of 0.58 Ares, situated in T.Kallipatti, Thenkarai Village, Periyakulam Taluk, Theni District, was originally assigned in favour of the petitioner's great-grandfather, Muthian Samban. After death of original assignee and his son, Nallaiyan Samban, the property was inherited by the petitioner's father, Muthu. He executed the settlement deed on 17.08.2005, settling the subject property in favour of the petitioner's mother. Though the petitioner has sought for a direction to the official respondents to issue a computer patta in the name of the petitioner's father, the petitioner has not produced any application seeking issuance of digital patta.

5.The learned Additional Government Pleader appearing for the respondents 1 to 8 would submit that the petitioner has not filed any application seeking issuance of digital patta. Therefore, his prayer for issuance of a writ of mandamus cannot be considered.

6. In view of the same, without expressing any opinion on the merits of the matter, the petitioner is directed to submit a fresh application before the fifth respondent within a period of two weeks from the date of receipt of a copy of this order. If such an application is filed by the petitioner within the stipulated time, the same shall be considered by the fifth respondent and pass final orders on its own merits and in accordance with law, after affording reasonable opportunity to the petitioner and other interested parties. Accordingly, this Writ Petition is disposed of. No costs.

13.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp

To 1.The Secretary to Government, Government of Tamilnadu Adi Dravidar & Tribal Welfare Department, Fort St.George, Chennai-600 009.