Judgment · High Court
Case at a glance
Provisions considered
- Constitution of India art. 226
Judgment
W.P.No.28334 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.08.2025CORAM:THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.28334 of 2025and W.M.P.No.31721 of 2025 1.A.Balasubramanian2.A.Sivalingam3.A.Raja Gounder ... PetitionersVs.
The District Collector, Salem District, Collectorate, Salem- 636 001.
The Revenue Divisional Officer, Salem Revenue Division, Collectorate, Salem- 636 001.
The Tahsildar, Salem Taluk, Tahsildar Office, Salem – 636 007. ... Respondent(s)Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 23.09.2024 seeing to issue Ryotwari Patta in favour of petitioners' Agriculture land to an extent of 0.53.5 Hectare in Survey 1/6 https://www.mhc.tn.gov.in/judis W.P.No.28334 of 2025No.252/5 in Vellaiyampatti Village, Salem Taluk and District, on merits within the time limit fixed by this Court. For Petitioner(s) : Mr.L.MouliFor Respondent(s) : Mr.A.Selvendran for R1 to R3 Special Government PleaderORDERBy consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 2. The present writ petition is filed praying for a writ of mandamus to direct the respondents to consider the petitioner's representation dated 23.09.2024 seeking issuance of Ryotwari Patta in favour of petitioners' Agriculture land measuring an extent of 0.53.5 Hectare in Survey No.252/5 in Vellaiyampatti Village, Salem Taluk and District, on merits within the time limit fixed by this Court.3. It is submitted by the learned counsel for the petitioner that the petitioner submitted a representation dated 23.09.2024, before the respondents seeking issuance of Ryotwari Patta in respect of the petitioner's property comprised in Survey No.252/5, measuring 0.53.5 Hectare, Vellaiyampatti Village, Salem Taluk and District. However the petitioner's representation was 2/6 https://www.mhc.tn.gov.in/judis W.P.No.28334 of 2025not considered by the respondents till date. Aggrieved by the same, the petitioner has come before this Court.
When this was pointed out, learned Special Government Pleader for the respondents would submit that the petitioner's representation dated 23.09.2024 would be considered and appropriate orders would be passed in accordance with law, after issuing notice to the petitioner and any other interested parties, rival claimants, if any, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions;i) The respondent authority shall consider the representation dated 23.09.2024, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and any other interested parties including rival claimants, if any.ii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the representation and pass appropriate order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass 3/6 https://www.mhc.tn.gov.in/judis W.P.No.28334 of 2025 Book Act and Rules. iii) The petitioner’s representation dated 23.09.2024 shall be disposed of within a period of six(6) weeks from the date of uploading of web copy without waiting for the receipt of certified copy. iv) 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 concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open.
There will be no order as to cost. Consequently, connected miscellaneous petition is closed. 06.08.2025Index : Yes/ NoSpeaking (or) Non Speaking OrderNeutral Citation: Yes/NomsvTo1.The District Collector, Salem District, 4/6 https://www.mhc.tn.gov.in/judis W.P.No.28334 of 2025 Collectorate, Salem- 636 001.2.The Revenue Divisional Officer, Salem Revenue Division, Collectorate, Salem- 636 001. 3. The Tahsildar, Salem Taluk, Tahsildar Office, Salem – 636 007.5/6 https://www.mhc.tn.gov.in/judis W.P.No.28334 of 2025MOHAMMED SHAFFIQ, J.msvW.P.No.28334 of 2025and W.M.P.No.31721 of 202506.08.20256/6
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