G.Rajendiran Vs the District Collector

...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 2 to 4 to dispose of the petitioner's representation dated 17.05.2025, consequently, direct the third respondent to restore the patta in the name of the petitioner and pass orders.

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For Petitioner(s) : Mr.V.Anand

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For Respondent(s) : Mr.P.Sathish Additional Government Pleader for R1 to R3

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Mr.S.Ravichandran Additional Government Pleader (HR & CE) for R4

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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. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent No. 5 is dispense with.

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The present writ petition is filed praying for a writ of mandamus to

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direct the respondents 2 to 4 to dispose of the petitioner's representation dated

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2/7

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

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17.05.2025, and consequently, direct the third respondent to restore the patta in the name of the petitioner.

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It is submitted by the learned counsel for the petitioner that the property comprised in Old Survey No.323 measuring an extent of 12318 sq.ft. situated at Arcot Town, B-Ward, Block No.23, TS No.29,30,32,33,34 and 35 is an ancestral property of the petitioner. Subsequently, the said property was partitioned on 26.04.2022 vide Document No.3073 of 2022 before Sub Registrar Office, Arcot by petitioner and his family members. When the petitioner applied for patta in respect of the subject property, he came to know that patta stands in the name of fifth respondent temple. Hence, petitioner submitted a representation dated 17.05.2025 to the respondents to conduct enquiry with regard to cancellation of patta, which presently stands in the name of fifth respondent temple and to restore the patta in the name of the petitioner and his family members. 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 1 to 3 that the subject lands are temple lands and therefore, the petitioner's request cannot be acceded to. In any view, it was submitted that the petitioner's representation dated 17.05.2025 would be considered, and an enquiry would be conducted by the second respondent after issuing notice to the petitioner, fourth and fifth respondent, and any other interested parties and objections/response of the petitioner, if any, would also be taken into account along with documentary evidence, if any that may be submitted, thereafter, appropriate orders would be passed, within a time frame

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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 second respondent, to consider the application dated 17.05.2025 on its own merits and conduct enquiry after issuing notice to the petitioner, fourth and fifth respondent, and any other interested parties and objections/response of the petitioner, if any, shall also be taken into account

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

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along with documentary evidence, if any, that may be submitted, thereafter, pass appropriate orders in accordance with law, 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 shall be no order as to costs.

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03.07.2025

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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

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W.P.No.23911 of 2025