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Madras High CourtWP(MD)/33954/2025disposed of

A.Dhavamary v. The Commissioner Of Land Administration,

2025-11-26Honourable Mr Justice Senthilkumar Ramamoorthy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.11.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.(MD) No.26801 of 2025 A.Dhavamary ... Petitioner Vs

1. The Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2. The District Collector, Trichy District, Trichy.

3. The District Revenue Officer, Trichy District, Trichy.

4. The Revenue Divisional Officer, Trichy, Trichy District.

5. The Tahsildar, Thiruverumbur, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of 1/6

India, praying this Court to issue a Writ of Mandamus to direct the respondents to implement the order passed by the first respondent in his proceedings Rc.No.G1/57088/93 and 6851/94 dated 29.10.2001 by extending its benefits to the petitioner who is equally placed with the beneficiaries of the said order of the first respondent and consequently, issue patta to the petitioner in the land in S.No. 35/10, admeasuring 2400 sq.ft., Kumbakkudy Village, MGR Nagar, Trichy District, on the basis of the representation of the petitioner dated 03.10.2025 within a time frame fixed by this Court.

For Petitioner : Mr.D.Kirubakaran For M/s.B.Saravanan Associates For Respondents : Mr.B.Saravanan Additional Government Pleader

O R D E R

The petitioner asserts title to 2400 sq.ft. of land in survey No.35/10 by tracing title from the assignee, A.Baby Delsamary. The cancellation of such assignment came to be challenged and eventually proceedings dated 29.10.2001 were issued by the Commissioner of Land Administration. The petitioner seeks the implementation of such order and the consequential issuance of patta to him.

2. Learned counsel for the petitioner relies on the order dated 28.07.2025 of this Court in W.P.(MD) No.9767 of 2024 and related cases. 2/6

He seeks the extension of the benefit of such order to the petitioner by asserting that the petitioner is similarly placed.

3. Learned Additional Government Pleader accepts notice for all the respondents. He submits that the District Revenue Officer would consider the petitioner's request and pass orders thereon on merits within three (3) months.

4. At paragraph No.8 of the order dated 28.07.2025 in W.P.(MD) No. 9767 of 2024 and related cases, this Court held as under: "8. In view of the said stand taken by the respondents, third respondent is directed to consider the respective representations submitted by the petitioners on its own merits and decide the question as to whether the Petitioners are the purchasers from 45 original assignees who challenged the order of cancellation before the first respondent. If the third respondent comes to a conclusion that the Petitioners are the persons claiming right under those 45 original assignees, then the benefit of the order passed by the first respondent will ensure to the Petitioners, provided they establish their possession of the site. In that case, after collecting the market value as fixed in the year 3/6

2009 with interest at the rate of 4%p.a., till the date of payment, the Petitioners are entitled to issuance of patta. In case, Petitioners are not able to establish that they are claiming under 45 persons who filed appeal before first responent, the benefit of order, dated 29.10.2001 will not be available to them."

5. The petitioner's request should be considered on the basis of the directions issued by this Court in the said order, particularly paragraph No.8 thereof. With these observations, this Writ Petition is disposed of by directing the third respondent to consider the petitioner's request and dispose of the same on merits within three (3) months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

NCS : Yes/No 26.11.2025 Index : Yes / No (3/3) Internet : Yes / No apd To

1. The Commissioner of Land Administration, Chepauk, Chennai - 600 005.

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2. The District Collector, Trichy District, Trichy.

3. The District Revenue Officer, Trichy District, Trichy.

4. The Revenue Divisional Officer, Trichy, Trichy District.

5. The Tahsildar, Thiruverumbur, Trichy District.

5/6

SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN 26.11.2025 (3/3) 6/6