Kalimuthu Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

Kalimuthu Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direction to the petitioner to make a fresh detailed representation to the District Revenue Officer, Trichy, enclosing the earlier representation dated 13.01.2025 and a copy of the order; the District Revenue Officer, Trichy, to consider the application on merits and in accordance with law after hearing the petitioner, within twelve weeks of receipt of a copy of the order. No costs.

Issue for consideration

Whether the respondents should consider the petitioner's representation dated 13.01.2025 for issuance of natham patta in respect of 3 cents in Old Survey No.210/28 and New Survey No.624/28, North Harijana Street, Koothaipar Village, Thiruverumbur Taluk, Trichy District. +1 more

Court's answer

The writ petition is disposed of directing the petitioner to make a fresh detailed representation to the District Revenue Officer, Trichy, enclosing the earlier representation filed with the writ petition and a copy of the order; on receipt, the District Revenue Officer, Trichy, shall consider the application on its own merits and in accordance with law after giving the petitioner an opportunity to put forth his contentions, within twelve weeks from the date of receipt of a copy of the order. No costs.

Ratio / Principle

The court found that the District Revenue Officer, Trichy, identified (on the Government Pleader's submission) as the competent authority for natham patta, had not been made a party to the writ petition.

Detailed headnote1 paragraphs

Writ of Mandamus under Article 226 seeking direction to respondents to consider the petitioner's representation dated 13.01.2025 for issuance of natham patta in respect of 3 cents in Old Survey No.210/28 and New Survey No.624/28, North Harijana Street, Koothaipar Village, Thiruverumbur Taluk, Trichy District, based on long and continuous possession and construction of a house. The Additional Government Pleader submitted that the competent authority to consider the request is the District Revenue Officer, Trichy, who had not been impleaded. Disposing of the writ petition, the Court directed the petitioner to make a fresh detailed representation to the District Revenue Officer, Trichy, enclosing the earlier representation and a copy of the order; the District Revenue Officer was directed to consider the application on its own merits and in accordance with law after affording the petitioner an opportunity of hearing, within twelve weeks of receipt of a copy of the order. No costs.

W.P.(MD)No.10314 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 16.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI

W.P.(MD)No.10314 of 2025

Kalimuthu

... Petitioner

vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Thiruverumbur Taluk, Trichy District. ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 2^nd respondent to issue Natham patta in respect of the Natham land measuring to an extent of 3 cents comprised in Old Survey No.210/28 and New Survey No. 624/28 situated at North Harijana Street, Koothaipar Village, Thiruverumbur Taluk, Trichy District by considering his representation dated 13.01.2025.

For Petitioner :Mr.T.Leninkumar For Respondents :Mr.B.Saravanan Additional Government Pleader

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

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W.P.(MD)No.10314 of 2025

O R D E R

The petitioner seeks issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation, dated 13.01.2025 for issuance of natham patta.

2.Heard Mr.T.Leninkumar, learned Counsel appearing on behalf of the petitioner and Mr.B.Saravanan, learned Additional Government Pleader appearing on behalf of the respondents.

3.The petitioner has made an application for issuance of natham patta based on long and continuous possession and also in view of the construction of house in the said site.

4.However, Mr.B.Saravanan, learned Additional Government Pleader, would submit that the competent authority to consider the petitioner's request for issuance of natham patta is the District Revenue Officer, Trichy. However, I find that the District Revenue Officer, Trichy, has not been made as a party in the said Writ Petition.

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

W.P.(MD)No.10314 of 2025

5.In view of the above, the Writ Petition is disposed of directing the petitioner to make a fresh detailed representation to the District Revenue Officer, Trichy, enclosing the earlier representation, which has been filed along with the present Writ Petition and also the copy of this order. On receipt of such application from the petitioner, the District Revenue Officer, Trichy, shall consider the said application on its own merits and in accordance with law after giving an opportunity to the petitioner to putforth his contention. The said exercise shall be carried out by the District Revenue Officer, Trichy, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

6.The Writ Petition is disposed of accordingly. No costs.

Index :Yes / No 16.04.2025 Internet :Yes / No (4/4) NCC :Yes / No cmr

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W.P.(MD)No.10314 of 2025

To

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Thiruverumbur Taluk, Trichy District.

3.The District Revenue Officer, Trichy.

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

W.P.(MD)No.10314 of 2025

P.B.BALAJI, J.

cmr

W.P.(MD)No.10314 of 2025

16.04.2025 (4/4)

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