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Deivathal v. District Revenue Officer

Madras HC20 Aug 2025WP/30716/2025

Case brief

AI extract

What is this about?

Keywords: writ of mandamus; Article 226 Constitution of India; patta; Natham Survey; 35 cents maximum extent; boundary mismatch; District Revenue Officer Erode; Revenue Divisional Officer Gobichettipalayam; appeal filed 02.01.2024 pending; six-week time-bound disposal; notice and hearing to rival claimants; settlement deed 06.01.2006 and 08.02.2006; O.S.No.117/2003 decree; Kavindapadi village; Bhavani taluk; Tamil Nadu land administration; disposal at admission stage by consent; no view on merits; no costs.

What did the court decide?

Time-bound direction to the first respondent to dispose of the petitioner's pending appeal within six weeks, after notice and hearing to the petitioner and all interested parties including rival claimants, without expression of opinion on merits; writ petition disposed of with no costs. ¶45

Deivathal Vs District Revenue Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the 1st respondent (District Revenue Officer, Erode) should be directed to dispose of the petitioner's pending appeal (filed 02.01.2024) concerning grant of patta for 0.67 acres in Natham S.F. No.1080/13, within a stipulated time fixed by the Court.

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Court's answer

In view of the Government Advocate's undertaking to dispose of the appeal within a time frame, the first respondent is directed to dispose of the petitioner's appeal, if otherwise in order, within six weeks from the date of receipt of a copy of the order, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and all other interested parties including rival claimants, if any.

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Key takeaways

It is made clear that this Court has not expressed any views with regard to the merits of the appeal; it is open to the respondent concerned to consider the appeal on its own merits and in accordance with law.obiter¶43

Detailed headnote1 paragraphs

Madras High Court (Mohammed Shaffiq, J.), WP No.30716 of 2025, order dated 20-08-2025: By consent, the writ petition was taken up for final disposal at the admission stage. Petitioner Deivathal sought a Writ of Mandamus (Article 226, Constitution of India) directing the respondents to dispose of her appeal filed on 02.01.2024 pending before the District Revenue Officer, Erode (1st respondent) — appealed against the Revenue Divisional Officer, Gobichettipalayam's dismissal of her patta claim — and to issue patta for 0.67 acres in Natham S.F. No.1080/13, Kavindapadi village, Bhavani taluk. Per counsel, the property devolved by decree in O.S.No.117/2003 (registered as Doc. No.1784/2005) and passed through successive settlement deeds (Doc.No.47/2006 and Doc. No.224 of 2006); a 31.05.2018 representation to the Tahsildar for patta was refused over a boundary mismatch, and the appeal before the 2nd respondent was dismissed on the stated ground that under Natham Survey patta can only be granted to a maximum extent of 35 cents. The Learned Government Advocate undertook time-bound disposal; the Court accordingly directed the first respondent to dispose of the appeal, if otherwise in order, within six weeks of receipt of a copy of the order, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and all other interested parties including rival claimants, if any, expressly making clear that no view was expressed on the merits and the respondent may consider the appeal on its own merits and in accordance with law. Writ petition disposed of; no costs.

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WP No. 30716 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20-08-2025

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CORAM

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THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

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WP No. 30716 of 2025

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Deivathal Petitioner(s)

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District Revenue Officer, Erode District-638 011

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2.Revenue Divisional Officer,

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Gobichettipalayam, Erode-638 476 Respondent(s)

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other suitable order in the nature writ directing the Respondents to dispose of the appeal filed on 02.01.2024 pending before the 1st Respondent, District Revenue officer, Erode for the property to an extent of 0.67 acres in natham S.F. no 1080 / 13 and issue patta within a stipulated time as may be fixed by this hon'ble Court

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For Petitioner : Mr.R.Rajesh Kumar

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For Respondents : Mr.A.Selvendran, Special Government Pleader,

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1/6

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

WP No. 30716 of 2025

For R1 & R2

ORDER

By consent of both the parties, this Writ Petition is taken up for final

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disposal at the stage of admission itself.

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The present Writ Petition has been filed for a Writ of Mandamus to dispose of the Appeal filed before the 1st respondent on 02.01.2024 against the proceedings of the 2nd respondent wherein, the petitioner's request for issuance

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of patta in respect of the land comprised in Old Survey Nos.170, 171 & New Re-Survey No.440/5 later subdivided as Survey No.440/3B and Natham Survey No.1080/13, measuring an extent of 0.67 acres situated at Kavindapadi village,

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Bhavani taluk, Gobichettipalayam, was refused.

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It is submitted by the learned counsel for the petitioner that the subject property devolved on petitioner's son-in-law by way of a decree passed

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in O.S.No.117/2003 dated 29.09.2003, on the file of the Hon'ble Gobichettipalayam Court, which has been registered as Document

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2/6

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

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WP No. 30716 of 2025

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No.1784/2005 in the office of the Sub-Registrar, Kavundapadi. Subsequently,

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the said property was settled in favour of the petitioner's daughter vide settlement deed dated 06.01.2006, registered as Doc.No.47/2006 which in turn, was settled in favour of the petitioner by way of settlement deed dated 08.02.2006 registered as Document No.224 of 2006 in the office of the SubRegistrar, Kavundapadi. It is submitted that the petitioner made a representation dated 31.05.2018 before the Tahsildar seeking issuance of patta which was refused on the premise that there was a mismatch of boundaries in the petition and the Government record. Aggrieved by the order of refusal, the petitioner preferred an appeal before the 2nd respondent and the same was dismissed stating that under Natham Survey Patta can only be granted to a maximum extent of 35 cents. Aggrieved, appeal was preferred before 1st respondent. The appeal is yet to be disposed of by the 1st respondent. Hence, the present Writ Petition.

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