Disposed¶35

P.Prema v. the District Collector

Madras HC6 Nov 2025WP/41264/2025

Case brief

AI extract

What is this about?

Laches; Article 226 discretion declined for unexplained delay in challenging 2017 proceedings confirming 19.11.2010 order; certiorarified mandamus; restoration of patta No.2790 sought for S.No.263/4 Mannivakkam, Chengalpattu; Na.Ka.No.5792/2012/N4 dated 10.11.2017 (DRO Kanchipuram District); Na.Ka.No.3102/2010/ dated 19.11.2010 (RDO Chengalpattu); issues left open to pending suit O.S.No.232 of 2004, Additional District Court, Chengalpattu; writ petition disposed, no costs, connected W.M.P.No.46207 of 2025 closed.

What did the court decide?

None; the writ petition was disposed of on the ground of laches without directing restoration of patta, the parties being left to pursue their issues in the pending suit O.S.No.232 of 2004. No costs; connected miscellaneous petition closed. ¶35

P.Prema 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 the writ petition challenging the 2017 proceedings (which confirmed the 2010 order) is barred by laches owing to unexplained delay, such that the Court should decline to exercise its discretion under Article 226. +1 more

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Court's answer

This writ petition is clearly hit by laches: the petitioner is challenging the 2017 order, which in turn confirmed the 2010 order, without taking steps until now.

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Ratio / Principle

While exercising jurisdiction under Article 226 of the Constitution of India, the Court should always take note of the considerable delay with which the petitioner knocks the door of the Court.

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Key takeaways

As there is absolutely no explanation for the petitioner's failure to challenge the 2017 order earlier, the Court is not inclined to exercise its discretion.ratio¶34
In view of the pending suit O.S.No.232 of 2004 before the Additional District Court, Chengalpattu, the parties are left open to raise all the issues in that pending suit and proceed further in accordance with law.ratio¶34

Detailed headnote1 paragraphs

Madras High Court (N.Anand Venkatesh J.) - Writ Petition No.41264 of 2025: The petitioner, P.Prema, sought a Writ of Certiorarified Mandamus to quash the proceedings of the District Revenue Officer, Kanchipuram District (Na.Ka.No.5792/2012/N4, dated 10.11.2017), which confirmed the proceedings of the Revenue Divisional Officer, Chengalpattu (Na.Ka.No.3102/2010/, dated 19.11.2010), and consequently to direct respondents 1 to 5 to restore patta No.2790 for S.No.263/4, Mannivakkam, Chengalpattu Taluk. The Court held the petition clearly hit by laches: there was absolutely no explanation for the failure to challenge the 2017 order earlier, and hence the Court declined to exercise its discretion under Article 226. Since O.S.No.232 of 2004 remains pending before the Additional District Court, Chengalpattu, the parties were left open to raise all issues in that suit. Petition disposed of; no costs; connected miscellaneous petition closed.

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Writ Petition No.41264 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.11.2025

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Writ Petition No.41264 of 2025 and W.M.P.No.46207 of 2025

P.Prema

W/o.Pasupathy

Petitioner

The District Collector, Chengalpattu.

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2.The District Revenue Officer, Chengalpattu.

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3.The District Revenue Officer, Kanchipuram District.

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4.The Revenue Divisional Officer, Chengalpattu.

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5.The Tahsildar, Chengalpattu.

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6.P.W.Yamuna Bai W/o.Ponnurangam

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Respondents

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Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for

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1/4

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

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Writ Petition No.41264 of 2025

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the records in respect of impugned order in Na.Ka.No.5792/2012/N4, dated 10.11.2017 passed by the third respondent herein by confirming the order in Na.Ka.No.3102/2010/, dated 19.11.2010 passed by the fourth respondent herein and quash the same and consequently, to direct the respondents 1 to 5 to restore the petitioner's patta No.2790 in respect of S.No.263/4, Mannivakkam, Chengalpattu Taluk, Chengalpattu District.

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For Petitioner : Mr.D.Gopinathan

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For Respondents : Mr.D.Ravichander Special Government Pleader [R1 to R5] *****

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ORDER

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This writ petition has been filed challenging the impugned proceedings of the third respondent dated 10.11.2017, which confirmed the order passed by the fourth respondent through proceedings dated 19.11.2010 and for a consequential direction to respondents 1 to 5 to

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restore the patta in the name of the petitioner with respect to the subject property.

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Heard Mr.D.Gopinathan, learned counsel for petitioner and

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Mr.D.Ravichander, learned Special Government Pleader appearing for respondents 1 to 5.

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2/4

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

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Writ Petition No.41264 of 2025

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In the considered view of this Court, this writ petition is

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clearly hit by laches. The petitioner is challenging the order passed in the 2017, which in turn confirmed the order passed in the year 2010. While exercising the jurisdiction under Article 226 of the Constitution of India, the Court should always take note of the considerable delay with which the petitioner knocks the door of the Court. In this case, there is absolutely no explanation as to why the petitioner did not take any steps so far to challenge the order passed in the year 2017. Hence, this Court is not inclined to exercise its discretion. In any case, a suit in O.S.No.232 of 2004 is pending before the Additional District Court, Chengalpattu. Therefore, it is left open to the parties to raise all the issues in the pending suit and proceed further in accordance with law.

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This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed.

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06.11.2025

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Index:yes/no Speaking order/Non-speaking order Neutral citation: yes/no gm

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3/4

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

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Writ Petition No.41264 of 2025