Revathi Sambasivam Vs the Principal Secretary — Writ and Judicial Review | Madras HC (2025)

Revathi Sambasivam Vs the Principal Secretary — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Main writ petition disposed of by recording the State counsel's submission that R3/Appellate Authority will dispose of Appeal No.E2790173 of 2024 within eight weeks, on or before 18.03.2025; petitioner's rights and contentions left open and the appeal to be decided on its own merits, in accordance with law, untrammeled by this order; W.M.P. Nos.1383 and 1386 of 2025 disposed of as closed; no order as to costs.

Issue for consideration

Whether a writ of mandamus should issue directing the third respondent (District Revenue Officer / Appellate Authority) to dispose of statutory Appeal No.E2790173 of 2024 dated 16.12.2024, filed under Section 12 of The Tamil Nadu Patta Passbook Act, 1983, assailing the Tahsildar's order dated 06.11.2024 relating to restoration of pattas.

Court's answer

The Court recorded the learned State counsel's submission, made on instructions, that the said appeal will be disposed of by R3/Appellate Authority within eight weeks from the date of the order, i.e., on or before 18.03.2025; this recorded undertaking formed the basis on which the writ petition was disposed of.

Ratio / Principle

All the rights and contentions of the writ petitioner are left open.

Key takeaways

R3/Appellate Authority shall decide the said appeal under the said Act on its own merits and in accordance with law, untrammeled by this order.ratio¶45

Detailed headnote1 paragraphs

MADRAS HIGH COURT (M. Sundar and K. Rajasekar JJ.; order by M. Sundar J.), W.P.No.1143 of 2025, decided 21.01.2025 — Writ petition under Article 226 of The Constitution of India sought a writ of mandamus directing the District Revenue Officer (R3), the Appellate Authority under Section 12 of The Tamil Nadu Patta Passbook Act, 1983 (Tamil Nadu Act 4 of 1986), to dispose of statutory Appeal No.E2790173 of 2024 dated 16.12.2024, filed assailing the order dated 06.11.2024 (erroneously mentioned as 07.12.2024 in the appeal petition) of the Tahsildar, Sozhinganallur Taluk (R5), pertaining to restoration of pattas. On the hearing date R3 had fixed enquiry on the appeal at 3.00 p.m., and the petitioner undertook to participate. The Court recorded the learned State counsel's submission that the appeal would be disposed of by R3/Appellate Authority within eight weeks, i.e., on or before 18.03.2025, and disposed of the writ petition on that basis; all rights and contentions of the petitioner were left open, with R3 to decide the appeal under the said Act on its own merits and in accordance with law, untrammeled by the order. W.M.P. Nos.1383 and 1386 of 2025 were disposed of as closed; no order as to costs.

W.P.No.1143 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

W.P.No.1143 of 2025 and

W.M.P. Nos.1383 and 1386 of 2025

Revathi Sambasivam

... Petitioner

Vs.

1.The Principal Secretary, The Government of Tamil Nadu, Public Works Department, Fort St. George, Chennai – 9.

2.The District Collector, Chennai District, Rajaji Salai, Chennai – 1.

3.District Revenue Officer, Office of DR), 4^th Floor, Chennai Collectorate Building, Rajaji Salai, Chennai – 1.

4.Revenue Divisional Officer, South Chennai Zone, GST Road, Guindy, Chennai – 32.

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W.P.No.1143 of 2025

5.The Tahsildar,

Sozhinganallur Taluk, Chennai – 119.

6.The Asst. Engineer (Irrigation Section), Water Resources Department, Public Works Department, Padappai, Kancheepuram District – 601 301.

... Respondents

Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the third respondent to dispose of the Appeal No.E2790173 of 2024 dated 16.12.2024.

For Petitioner : Mr.P.M.Subramaniam, Senior Counsel for Mr.B.Ravi Raja

For Respondents : Mr.M.S.Arasakumar, Government Advocate

ORDER

[Order of the Court was made by M.SUNDAR, J. ,]

Captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity)

has been filed with a mandamus prayer qua statutory appeal dated 16.12.2024 being a statutory appeal under Section 12 of The Tamil Nadu Patta Passbook Act, 1983 (Tamil Nadu Act 4 of 1986). This 'statutory appeal' shall be referred to as 'said appeal' and 'The Tamil Nadu Patta Passbook Act, 1983 (Tamil Nadu Act 4 of 1986)' shall be referred to as 'said Act', both for the sake of convenience and clarity.

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W.P.No.1143 of 2025

Mr.P.M.Subramaniam, learned senior counsel instructed by

Mr.B.Ravi Raja, learned counsel on record for the writ petitioner adverting to the said appeal submitted that the said appeal is a statutory appeal which has been filed assailing an order dated 06.11.2024 (erroneously mentioned as 07.12.2024 in the appeal petition) made by R5 (The Tahsildar, Sozhinganallur Taluk, Chennai – 119.) before us. Learned senior counsel submitted that the appeal pertains to restoration of pattas.

Issue notice.

Mr.M.S.Arasakumar, learned Government Advocate accepts

notice for all the respondents and submits on instructions that R3 (District Revenue Officer, Chennai) who is the Appellate Authority has fixed enquiry on said appeal today at 3.00 p.m.

Responding to this, learned senior counsel on instructions submitted that the writ petitioner and/or her authorised representative or counsel would participate in the enquiry.

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W.P.No.1143 of 2025

In the aforementioned scenario, on instructions, learned State

counsel fairly submitted that the said appeal will be disposed of by R3/ Appellate Authority within eight weeks from today i.e., on or before 18.03.2025. This submission is recorded.

Recording the stated position of the learned State counsel

draws curtains on the captioned matter and therefore with the consent of learned counsel on both sides, main WP is taken up. Be that as it may, for the sake of clarity, we deem it appropriate to write that all the rights and contentions of the writ petitioner are left open and R3 / Appellate Authority shall decide said appeal under said Act on its own merits and in accordance with law untrammeled by this order.

Captioned WP is disposed of in the aforesaid manner.

Consequently, captioned Writ Miscellaneous Petitions (WMPs) thereat are disposed of as closed. There shall be no order as to costs.

Index : Yes / No Neutral Citation : Yes / No

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W.P.No.1143 of 2025

mmi

To

1.The Principal Secretary, The Government of Tamil Nadu, Public Works Department, Fort St. George, Chennai – 9.

2.The District Collector, Chennai District, Rajaji Salai, Chennai – 1.

3.The District Revenue Officer, Office of DR), 4^th Floor, Chennai Collectorate Building, Rajaji Salai, Chennai – 1.

4.The Revenue Divisional Officer, South Chennai Zone, GST Road, Guindy, Chennai – 32.

5.The Tahsildar, Sozhinganallur Taluk, Chennai – 119.

6.The Asst. Engineer (Irrigation Section), Water Resources Department, Public Works Department, Padappai, Kancheepuram District – 601 301.

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W.P.No.1143 of 2025

M.SUNDAR, J., and K.RAJASEKAR, J.,

mmi

W.P.No.1143 of 2025

21.01.2025

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