R.Vishwanathan v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR R.Vishwanathan ... Petitioner Vs.

1.The Secretary to Government, Revenue and Disaster Management Department, Survey and Settlement Wing, SS-1 (1) Section, Secretariat, Chennai 600 009.

2.The Commissioner of Land Administration, Chepauk, Chennai.

3.The District Collector, Dindigul District, Collectorate Campus, Dindigul.

4.The District Revenue Officer, Dindigul District, Dindigul.

5.The Revenue Divisional Officer, Dindigul, Dindigul District.

6.The Tahsildar, Dindigul West Taluk, Dindigul District.

... Respondents

Prayer :- Petition filed under Article 226 of the Constitution of India, directing the third respondent to take necessary action for issuance of patta for the land in UDR S.No.118/1 (Old Natham S.No.57/3 part) admeasuring about 28 cents situated at Annaipatti Village, Dindigul West Taluk, Dindigul District as per the first respondent's direction bearing letter No.879/SS-1(1)/2025-1, dated 06.02.2025. For Petitioner : Mr.V.Kannan, For Respondents : Mr.R.Ramanlaal, Additional Advocate General, Assist by Mrs.S.Jeya Priya, Government Advocate.

ORDER

The Writ Petition is filed seeking a direction to the third respondent to take necessary action for issuance of patta in respect of the property in UDR S.No.118/1 (Old Natham S.No.57/3 part) admeasuring about 28 cents situated at Annaipatti Village, Dindigul West Taluk, Dindigul District as per the direction issued by the first respondent in his letter No.879/SS-1(1)/2025-1, dated 06.02.2025.

2. When the matter was taken up for hearing on 08.08.2025, this Court passed the following order :

"2.A perusal of the typed-set of papers would indicate that the request of the Petitioner for issuance of patta was rejected by the second respondent in his proceedings in No.R3/6512424/2024, dated 24.09.2024. Aggrieved by the same, the Petitioner submitted a representation before the first respondent on 17.1.2025 seeking issuance of patta in his name in respect of the subject property situate in S.NO.118/1C, Natham S.No.57/3, Anaipatti Village, Dindigul West Taluk, Dinditul District. The said representation was forwarded by the Deputy Secretary in the Office of the first respondent to the third respondent, for necessary action, with a direction to the third respondent to inform the same to the Petitioner.

When the request of the Petitioner for issuance of patta was already rejected by the second respondent, it is not known what prompted the office of the first respondent to forward the same to the third respondent. The third respondent cannot sit in an appeal against the order passed by the second respondent. 3.Therefore, the first respondent is directed to conduct an enquiry on what basis the Deputy Secretary in his office forwarded the application of the Petitioner to the third respondent, after it is being rejected by the second respondent and file a report before this Court."

3. When the matter is taken up for hearing today (ie., 22.08.2025), the Deputy Secretary in the office of the first respondent filed an affidavit stating that the appeal filed by the petitioner challenging the order passed by the second respondent was forwarded to the third respondent for action due to bonafide mistake and the said letter may be permitted to be withdrawn.

4. In view of the affidavit filed by the Deputy Secretary in the office of the first respondent, the letter dated 06.02.2025 is permitted to be withdrawn and hence, the prayer sought for in the writ petition cannot be entertained.

5. Accordingly, the Writ Petition is dismissed. However, the petitioner is at liberty to challenge the order passed by the second respondent in the manner known to law. No costs. 22.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No das

To 1.The Secretary to Government, Revenue and Disaster Management Department, Survey and Settlement Wing, SS-1 (1) Section, Secretariat, Chennai 600 009.

2.The Commissioner of Land Administration, Chepauk, Chennai.

3.The District Collector, Dindigul District, Collectorate Campus, Dindigul.

4.The District Revenue Officer, Dindigul District, Dindigul.

5.The Revenue Divisional Officer, Dindigul, Dindigul District.

6.The Tahsildar, Dindigul West Taluk, Dindigul District.

S.SOUNTHAR ,J.

das Dated: 22.08.2025