Disposed¶33

Mohamad Rafeek v. the District Collector

Madras HC4 Jun 2025WP/16780/2025

Case brief

AI extract

What is this about?

Keywords: patta; subdivision of patta; writ of mandamus; Tahsildhar Shoolagiri; application No.2025/0105/31/660064; Sy.No.21/2C; New Sy.No.21/2C1; Chinnakudibala Village; Krishnagiri; 12 weeks; Article 226; consent disposal at admission stage; no view on merits; W.P. No.16780 of 2025; Mohammed Shaffiq.

What did the court decide?

Direction to the third respondent (Tahsildhar, Shoolagiri) to consider the representation dated 10.04.2025 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and other interested persons/stake holders, within twelve (12) weeks from the date of uploading of the web copy without waiting for the receipt of certified copy; writ petition disposed of with no order as to costs. ¶33

Mohamad Rafeek Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the third respondent (Tahsildhar, Shoolagiri) to consider the petitioner's application dated 10.04.2025 (application No.2025/0105/31/660064) and consequently issue a patta for 0.43 cents in Sy.No.21/2C (New Sy.No.21/2C1), Chinnakudibala Village, Shoolagiri Taluk, Krishnagiri District.

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Court's answer

The Court directed the third respondent (Tahsildhar, Shoolagiri) to consider the representation dated 10.04.2025 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of twelve (12) weeks from the date of uploading of the web copy without waiting for receipt of the certified copy.

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Ratio / Principle

The Court expressly made clear that it has not expressed any views on the merits of the representation, leaving it open to the concerned respondent to consider it on its own merits and in accordance with law.

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Detailed headnote1 paragraphs

Madras High Court (Mohammed Shaffiq, J.), by consent taking up W.P. No.16780 of 2025 for final disposal at the admission stage: petitioner, purchaser of 0.43 cents in Sy.No.21/2C (New Sy.No.21/2C1), Chinnakudibala Village, Shoolagiri Taluk, Krishnagiri District from one Jayakumar on 27.01.2025 (Doc No.569/2025) out of 1.023 hectares, sought a mandamus to compel the Tahsildhar to consider his online application dated 10.04.2025 (No.2025/0105/31/660064) for subdivision of patta. On the Additional Government Pleader's undertaking, the Court directed the third respondent to consider the representation on its own merits and pass appropriate orders in accordance with law, after hearing the petitioner and other stake holders, within twelve (12) weeks from uploading of the web copy without waiting for the certified copy, expressly recording no view on the merits; writ petition disposed of without costs.

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W.P. No.16780 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

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W.P. No.16780 of 2025

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Mohamad Rafeek ... Petitioner Vs.

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1.The District Collector, Krishnagiri, Krishnagiri District.

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2.The Revenue Divisional Officer, Krishangiri, Krishangiri District. 3.The Tahsildhar, Shoolagiri, Krishnagiri District. ...Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent herein to consider the petitioner's application dated 10.04.2025, vide application No.2025/0105/31/660064 and consequently issue a patta for the property situated at Krishnagiri District, Shoolagiri Taluk, Chinnakudibala Village, comprised in Sy.No.21/2C, New Sy.No.21/2C1 for an extent of 0.43 cents of lands and pass orders.

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https://www.mhc.tn.gov.in/judis

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W.P. No.16780 of 2025

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For Petitioner(s) : Mr.R.Ramesh

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For Respondent(s) : Mr.P.Sathish

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Additional Government Pleader

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ORDER

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By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

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The present writ petition is filed praying for a writ of mandamus to direct the third respondent herein to consider the petitioner's application dated 10.04.2025, vide application No.2025/0105/31/660064 and consequently issue a

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patta for the property situated at Krishnagiri District, Shoolagiri Taluk, Chinnakudibala Village, comprised in Sy.No.21/2C, New Sy.No.21/2C1 for an extent of 0.43 cents of lands

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It is submitted by the learned counsel for the petitioner that the petitioner purchased the property situated at Krishnagiri District, Shoolagiri Taluk, Chinnakudibala Village, comprised in Sy.No.21/2C, New Sy.No.21/2C1 measuring an extent of 0.43 cents of lands from one Jayakumar on 27.01.2025 and the same was registered vide Doc No.569/2025 and he has been in possession and enjoyment of the said property. The total extent of property is

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https://www.mhc.tn.gov.in/judis

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W.P. No.16780 of 2025

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1.023 hectares, out of which, 0.43 cents alone were purchased by the petitioner.

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Hence, the petitioner filed an on-line application dated 10.04.2025 seeking subdivision of patta before the third respondent. However, the said representation has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.

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At the outset, it was submitted by the learned Additional Government Pleader for respondents that the representation dated 10.04.2025, made by petitioner would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

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5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the third respondent, to consider the representation dated 10.04.2025 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of twelve (12) weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is made clear that this Court has not expressed any views with

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https://www.mhc.tn.gov.in/judis

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W.P. No.16780 of 2025

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regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

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6. Accordingly, the writ petition stands disposed of. There shall be no

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order as to costs.

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04.06.2025

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Speaking (or) Non Speaking Order Index : Yes/ No Neutral Citation: Yes/No mrn

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To:

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1.The District Collector, Krishnagiri, Krishnagiri District.