V.Dharmaraj Vs The Commissioner of Land Administration — Writ and Judicial Review | Madras HC (2025)

V.Dharmaraj Vs The Commissioner of Land Administration — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to file an appeal before the Appellate Authority (under the Tamil Nadu Patta Pass Book Act, 1983 route) within three weeks of receipt of the order copy; if so filed, the Appellate Authority directed to dispose of the appeal on merits and in accordance with law, after giving due opportunity to all parties, within four weeks thereafter; no order as to costs.

Issue for consideration

Whether respondents 1 to 4 ought to be directed to consider the petitioner's representation dated 11.07.2023 seeking restoration of land in Survey Nos.206/10 to 206/14, Mathur Revenue Village, Kulathur Taluk, Pudukkottai District, as Government poramboke – Anatheenam. +1 more

Ratio / Principle

The petitioner was directed to file an appeal before the Appellate Authority within three weeks from the date of receipt of a copy of the order; if filed within that period, the Appellate Authority was directed to take up the appeal and dispose of it on merits and in accordance with law, after giving due opportunity to all parties concerned, within four weeks thereafter.

Key takeaways

With the above direction, the Writ Petition was disposed of, with no order as to costs.ratio¶35

Detailed headnote1 paragraphs

Writ of Mandamus under Article 226 of the Constitution of India — Madurai Bench of Madras High Court, W.P(MD)No.3778 of 2025, order dated 04.03.2025 made by J. Nisha Banu, J. (Coram: J. Nisha Banu and S. Srimathy, JJ.). Petitioner V. Dharmaraj sought a direction to respondents 1 to 4 (Commissioner of Land Administration; District Revenue Officer, Pudukottai; Revenue Divisional Officer, Iluppur; Tahsildar, Kulathur) to consider his representation dated 11.07.2023 seeking restoration of Survey Nos.206/10, 206/11, 206/12, 206/13 and 206/14 in Mathur Revenue Village, Kulathur Taluk, Pudukkottai District as Government poramboke – Anatheenam. When the matter was taken up, the learned Government Pleader stated that the petitioner had not filed the appeal provided under the Tamil Nadu Patta Pass Book Act, 1983 and had to approach the Appellate Authority. In view of this, the Court disposed of the writ petition, directing the petitioner to file an appeal before the Appellate Authority within three weeks from receipt of a copy of the order, and, if so filed, directing the Appellate Authority to take up the appeal and dispose of it on merits and in accordance with law, after giving due opportunity to all parties concerned, within four weeks thereafter. No order as to costs.

W.P(MD)No.3778 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 04.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P(MD)No.3778 of 2025

V.Dharmaraj

... Petitioner

vs.

1.The Commissioner of Land Administration, Chepauk, Chennai – 600 005.

2.The District Revenue Officer, District Collectorate, Pudukottai District.

3.The Revenue Divisional Officer, Iluppur Revenue Division, Iluppur, Pudukottai District.

4.The Tahsildar, Kulathur Taluk Office, Kulathur, Pudukottai District.

5.Bakthavatchalam

6.Gunasundari

7.Lakshmikantham

8.Lakshmikumari

9.Kavitha 10.Palraj ... Respondents

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PRAYER :

W.P(MD)No.3778 of 2025

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioner's representation dated 11.07.2023 seeking to restore the land in Survey Nos.206/10, 206/11, 206/12, 206/13 and 206/14 are situated in Mathur Revenue Village, Kulathur Taluk, Pudukkottai District as Government poramboke – Anatheenam and pass appropriate orders on merits and in accordance with law within the period stipulated by this Court.

For Petitioner : Mr.K.Arunraj

For RR 1 to 4 : Mr.P.Thilak Kumar Government Pleader For RR 6 to 9 : Mr.R.Sundar

ORDER

(Order of the Court was made by J. NISHA BANU, J.)

The petitioner has filed the present Writ Petition for a direction to

direct the respondents 1 to 4 to consider the petitioner's representation dated 11.07.2023 seeking to restore the land in Survey Nos.206/10, 206/11, 206/12, 206/13 and 206/14 which are situated in Mathur Revenue Village, Kulathur Taluk, Pudukkottai District as Government poramboke – Anatheenam and pass appropriate orders on merits and in accordance with law within the period stipulated by this Court.

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W.P(MD)No.3778 of 2025

2.When the matter is taken up for hearing today, the learned Government Pleader appearing for the respondents 1 to 4 stated that the petitioner has not filed an appeal provided under the Tamil Nadu Patta Pass Book Act, 1983 and therefore, the petitioner has to file an appeal before the Appellate Authority.

3.In view of the above, the petitioner is directed to file an appeal before the Appellate Authority, within a period of three weeks from the date of receipt of a copy of this order and if it is filed within a period of three weeks, the Appellate Authority is directed to take up the appeal and dispose of the same on merits and in accordance with law, after giving due opportunity to all the parties concerned, within a period of four weeks thereafter.

4.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 04.03.2025

NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

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W.P(MD)No.3778 of 2025

To

1.The Commissioner of Land Administration, Chepauk, Chennai – 600 005.

2.The District Revenue Officer, District Collectorate, Pudukottai District.

3.The Revenue Divisional Officer, Iluppur Revenue Division, Iluppur, Pudukottai District.

4.The Tahsildar, Kulathur Taluk Office, Kulathur, Pudukottai District.

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W.P(MD)No.3778 of 2025

J.NISHA BANU, J. and S.SRIMATHY, J.

ps

ORDER MADE IN W.P(MD)No.3778 of 2025

DATED : 04.03.2025

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