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R.Munusamy v. the Thasildhar

Writ of Mandamus – Patta

Madras HC12 Jun 2025WP/20331/2025

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Case brief

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What is this about?

Madras High Court, Mohammed Shaffiq, J., W.P. No.20331 of 2025 (12.06.2025): mandamus under Article 226 seeking separate patta for Grama Natham land, Survey No.370/A, Jangamaiyanoor Village, Pennagaram Taluk, Dharmapuri District; representation dated 07.09.2022 to Thasildhar not considered; dispute over assignment patta versus UDR patta; direction to consider representation with hearing to all interested parties within 12 weeks; no view on merits; disposed of without costs.

What did the court decide?

Writ petition disposed of with a direction to the first respondent to consider the representation dated 07.09.2022 on its own merits and pass appropriate orders in accordance with law after hearing the specified parties, within twelve (12) weeks from uploading of the web copy; no order as to costs. ¶31

R.Munusamy Vs the Thasildhar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the first respondent (Thasildhar) should be directed, by writ of mandamus, to consider the petitioner's representation dated 07.09.2022 seeking issuance of separate patta in respect of Grama Natham land in Survey No.370/A, Jangamaiyanoor Village, Pennagaram Taluk, Dharmapuri District.

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Court's answer

The first respondent is directed to consider the petitioner's representation dated 07.09.2022 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, respondents 2 and 3, the wife of the petitioner's deceased brother and any other interested parties, within a period of twelve (12) weeks from the date of uploading of the web copy, without waiting for receipt of certified copy.

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Key takeaways

The Court expressly did not express any views on the merits of the case; it is open to the concerned respondent to consider the case on its own merits and in accordance with law.obiter¶30

Detailed headnote1 paragraphs

Writ of Mandamus - Patta - Grama Natham land in Survey No.370/A, Jangamaiyanoor Village, Senganoore Post, Pennagaram Taluk, Dharmapuri District - Petitioner sought direction to the first respondent (Thasildhar) to consider his representation dated 07.09.2022 for issuance of separate patta; learned Special Government Pleader stated that what is kept is only an assignment patta issued in favour of the petitioner's father and nothing indicates grant of UDR patta to the petitioner, but agreed to have the representation considered - Held, taking into account the limited relief sought, the first respondent is directed to consider the representation dated 07.09.2022 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, respondents 2 and 3, the wife of the petitioner's deceased brother and any other interested parties, within twelve (12) weeks from uploading of the web copy - Court expressed no view on the merits - Writ petition disposed of; no costs.

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W.P. No.20331 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

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W.P. No.20331 of 2025

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R.Munusamy ... Petitioner

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Vs.

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1.The Thasildhar, Office of the Thasildhar, Pennagaram Taluk, Dharmapuri District.

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2.Manikandan, 3.Vijayashanthi ... 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 first respondent to issue separate patta in respect of the property of Grama Natham land comprised in Survey No.370/A situated at Jangamaiyanoor Village, Senganoore Post, Pennagaram Taluk, Dharmapuri District by considering the petitioner's representation dated 07.09.2022 within the period that may be stipulated by this Court and pass orders.

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

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W.P. No.20331 of 2025

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For Petitioner(s) : Mr.S.Arivazhagan For Respondent(s) : Mr.A.Selvendran Special Government Pleader for R1

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ORDER

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By consent of learned counsel on both sides, this writ petition is taken up

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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 Respondents 2 and 3 is dispensed with.

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2. The present writ petition is filed praying for a writ of mandamus, directing the first respondent to issue separate patta in respect of the property of Grama Natham land comprised in Survey No.370/A situated at Jangamaiyanoor Village, Senganoore Post, Pennagaram Taluk, Dharmapuri District by considering the petitioner's representation dated 07.09.2022 within the period that may be stipulated by this Court.

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3. It is submitted by the learned counsel for the petitioner that the property comprised in Survey No.370/A situated at Jangamaiyanoor Village, Senganoore Post, Pennagaram Taluk, Dharmapuri District belonged to

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

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W.P. No.20331 of 2025

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petitioner's father, who had acquired the property under the Scheme of 20 point program. The petitioner's father divided the property into two parts to settle in favour of his sons. Accordingly, the petitioner acquired property in Survey Nos.370/A2 and 370/18 and his brother, Chandran had acquired property in Survey Nos.370/A1 and 370/17. After the demise of his brother, his wife is in possession and enjoyment of the same. It is stated that UDR patta has also been granted to them for the said property. While so, the revenue officials, made false entry in the revenue records in respect of the property comprised in Survey No.370/A. Hence, the petitioner submitted a representation dated 07.09.2022 to the first respondent seeking issuance of separate patta in respect of S.No.370/A. However, the said representation was not considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.

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At the outset, it was submitted by the learned Special Government Pleader for first respondent that, all that is kept is an assignment patta issued in favour of petitioner's father and there is nothing to indicate that the petitioner has been issued with UDR patta. However, the petitioner's representation dated 07.09.2022 would be considered and appropriate orders would be passed, after hearing the petitioner, respondents 2 and 3 and wife of the deceased brother of the petitioner and any other interested parties, within a time frame to be fixed by

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

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W.P. No.20331 of 2025

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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 first respondent to consider the representation dated 07.09.2022 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, respondents 2 and 3, wife of the deceased brother of the petitioner and any other interested parties, 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 regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.

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

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order as to costs.

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12.06.2025

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

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