High Court · 2025

W.P.No.25421 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.07.2025CORAMTHE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQW.P.No.25421 of 2025Jayamani,S/o.Krishnadas ... Petitioner Vs.1.The District Collector, Villupuram District, Villupuram, Tamil Nadu – 605 602.2.The Sub-Collector, Villupuram District, Villupuram, Tamil Nadu – 605 602.3.The Thasildar, Office of the Thasildar, Tindivanam, Tamil Nadu – 604 001.4.The District Revenue Officer, Villupuram District, Villupuram – 605 602.(Suo moto impleaded by this Court vide Order dated 14.07.2025 in W.P.No.25421 of 2025)5.E.Saravanan, S/o.V.Elumalai1/8 https://www.mhc.tn.gov.in/judis W.P.No.25421 of 20256.N.Shanthi, W/o.E.Saravanan7.E.Samundeshwari, D/o.V.Elumalai8.E.Lakshmi Devi, W/o.S.Pushparaj ... RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus, calling for records of the Impugned Order dated 12.02.2024 in O.Mu.AA2/1644183/2023 and quash the same and further direct the respondents 1 to 3 to cancel the patta issued in favour of the respondents 5 to 7, in Patta Nos.751, 752 and 753 in present Survey Nos.288/14, 285/2B, 288/2, 285/2, 285/2A, Old Survey No.112/1, New Survey No.195/4, Pathirapuliyur Village, Tindivanam Taluk, Villupuram District and present Survey No.269/1, Patta No.753, Old Survey No.118, New Survey No.192/1, Pathirapuliyur Village, Tindivanam Taluk, Villupuram District and consequentially cancel the Settlement Deeds dated 24.12.2014 registered as Document Nos.5256 of 2014, 5257 of 2014 and 5258 of 2014 in the Office of the Sub Registrar, Mayilam in favour of the respondents 5 to 7 herein.For Petitioner : Mr.S.R.Varun KarthikFor Respondents : For R1 to R4 : Mr.P.Sathish Additional Government PleaderORDERBy consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 5th to 8th respondents is dispensed with. 2/8 https://www.mhc.tn.gov.in/judis W.P.No.25421 of 20252. The present writ petition has been filed by the petitioner, challenging the impugned order bearing O.Mu.AA2/1644183/2023 dated 12.02.2024 passed by the District Revenue Officer, Villupuram District, Villupuram – 605 602 and to quash the same and to further direct respondents 1 to 3 to cancel patta issued in favour of respondents 5 to 7 and consequentially direct respondents 1 to 3 to cancel the Settlement Deeds dated 24.12.2014 registered as Document Nos.5256 of 2014, 5257 of 2014 and 5258 of 2014 in the Office of the Sub Registrar, Mayilam Village, Tindivanam Taluk, Villupuram District in favour of the respondents 5 to 7.3. Considering the fact that the petitioner has not impleaded the District Revenue Officer, Villupuram District, Villupuram – 605 602, who has passed the impugned order, this Court is inclined to suo moto implead the District Revenue Officer, Villupuram District, Villupuram – 605 602, as the 4th respondent in this Writ Petition and accordingly, impleaded.4. It appears that by order dated 12.02.2024, petitioner's appeal was rejected by the District Revenue Officer, Villupuram District, Villupuram – 605 602, on the premise that it has been filed challenging the order dated 31.07.2023 of the 2nd 3/8 https://www.mhc.tn.gov.in/judis W.P.No.25421 of 2025respondent after expiry of the stipulated period of 30 days with a delay of about 4 months. 5. It may be relevant to refer to Rule 15 of the Tamil Nadu Patta Pass Book Rules, 1987. It reads as under:-“15. Revision on application.(1)An application under Section 13 to the District Revenue Officer or such officer as may be authorised by the Government in this behalf, for revision of an order passed by the Tahsildar or the appellate authority shall be filed within ninety days from the date of receipt of the order.(2)The District Revenue Officer or such officer as may be authorised by the Government may admit an application for revision presented after expiry of the period mentioned in sub-rule (1), if he is satisfied that the party had just and sufficient cause for not presenting it within the said period.”6. On a reading of sub-rule (2) to Rule 15 of the Tamil Nadu Patta Pass Book Rules, 1987, it would be clear that though the application for revision ought to have been filed within 90 days from the date of receipt of the order, however, the District Revenue Officer or such officer may admit an application for revision even after expiry of 90 days, if he/she satisfied that there was a just and sufficient cause for not presenting it within 90 days period stipulated under Rule 15 of the Tamil Nadu Patta Pass Book Rules, 1987. 4/8 https://www.mhc.tn.gov.in/judis W.P.No.25421 of 20257. It is submitted by the learned counsel for the petitioner that the reason for delay in filing the revision application is, in view of the fact that the petitioner suffered from heart ailment i.e., coronary artery disease, for which, he had enclosed medical records before this Court. It is submitted that in view of the above medical condition, revision application was not filed within 90 days prescribed in terms of Rule 15 of the Tamil Nadu Patta Pass Book Rules, 1987. He further submitted that there was a duty cast upon the revenue authorities to examine if the delay was due to just and sufficient cause. 8. Impugned order does not reflect any application of mind on the above aspect. There is a duty cast upon the authority concerned, to examine an application for revision presented beyond stipulated period of 90 days in terms of sub-rule (1) to Rule 15 of the Tamil Nadu Patta Pass Book Rules, 1987 to examine if there was just and sufficient cause for the delay on the basis of the facts that have been set out therein, which the authority failed to address. 9. On consideration of the reason assigned by the petitioner, this Court is inclined to direct the 4th respondent to admit the revision application and entertain the same and pass appropriate orders within a period of sixteen (16) weeks from 5/8 https://www.mhc.tn.gov.in/judis W.P.No.25421 of 2025the date of receipt of a copy of this order after giving prior notice to the petitioner, the respondents 5 to 8 and any other interested parties including rival claimants, if any. 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 4th respondent to consider the matter on its own merits and in accordance with law. 10. With the above direction, this Writ Petition is disposed of. No costs. 14.07.2025Speaking (or) Non Speaking OrderNeutral Citation : Yes / Noarb6/8 https://www.mhc.tn.gov.in/judis W.P.No.25421 of 2025To1.The District Collector, Villupuram District, Villupuram, Tamil Nadu – 605 602.2.The Sub-Collector, Villupuram District, Villupuram, Tamil Nadu – 605 602.3.The Thasildar, Office of the Thasildar, Tindivanam, Tamil Nadu – 604 001.4.The District Revenue Officer, Villupuram District, Villupuram – 605 602.7/8 https://www.mhc.tn.gov.in/judis W.P.No.25421 of 2025MOHAMMED SHAFFIQ, J.arbW.P.No.25421 of 202514.07.20258/8