HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.24180 of 2025 M.C.Sivakami : Petitioner Vs. 1.The District Collector, Office of District Collector, Chennai. 2.The District Revenue Officer, Office of District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P.No.24180 of 2025
M.C.Sivakami : Petitioner
Vs.
1.The District Collector, Office of District Collector, Chennai.
2.The District Revenue Officer, Office of District Revenue Officer
, Chennai.
3.The Revenue Divisional Officer,
Chennai South, Guindy, Chennai.
4.The Tahsildar, Sholinganallur Taluk, Chennai-600 119.
5.Mr.Boney Kapoor
6.Ms.Janhvi Kapoor
7.Ms.Kushi Kapoor : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the third and fourth respondents to consider petitioner’s representation dated 05.09.2024 and to direct them to maintain status quo ante within a stipulated time and pass orders.
For Petitioner : Mr.M.Balasubramanian
For Respondents : Mr.P.Sathish
Additional Government Pleader for R1 to R4
ORDER
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 Nos.5 to 7 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the third and fourth respondents to consider petitioner’s representation dated 05.09.2024 and to direct them to maintain status quo ante within a stipulated time.
3. The prayer is in two parts, the first part is to consider the representation dated 05.09.2024 and the second part is to maintain status quo ante. Insofar as the second part of the prayer viz. to maintain status quo ante, this Court is not inclined to entertain the same.
4. Insofar as the first part of the prayer, viz. to consider the representation dated 05.09.2024, it was submitted by the learned counsel for the petitioner that the property comprised in Survey No.1/1, measuring an extent of 2.70 acres, Sholinganallur Village, belonged/owned by Hindu undivided family property. While so, some of the family members sold the subject property to respondents 5 to 7 and patta has been issued in their name in Patta No.10558 on 13.01.2023. Hence, the petitioner submitted a representation dated 05.09.2024 before the respondent No.4 seeking cancellation of said patta. However, the said representation was not considered so far. Hence, the petitioner has filed the present writ petition.
5. At the outset, it was submitted by the learned Additional Government
Pleader for respondent 1 to 4 that in view of a pendency of a suit in OS No.29 of 2025, seeking partition and separate possession, in respect of the subject property, they may have some difficulty in entertaining the petitioner’s request. In any view it was submitted by the learned Additional Government Pleader that the above representation dated 05.09.2024 made by the petitioner would be considered, keeping in view the relevant provisions under the Tamil Nadu Patta Passbook Act, 1983 and Rules and appropriate orders would be passed after putting the petitioner as well as the respondents 5 to 7 and any other legal heirs/interested parties, including the members of the joint family, on notice within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
6. 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 third and fourth respondents to consider the representation dated 05.09.2024 on its own merits and pass appropriate orders in accordance with law, keeping in view the relevant provisions under the Tamil Nadu Patta Passbook Act, 1983 and Rules, after putting the petitioner as well as the respondents 5 to 7 and any other legal heirs/interested parties, including the members of the joint family, on notice 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 representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.
7. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.
04.07.2025
Speaking (or) Non Speaking Order Neutral Citation: Yes/No mrn
To
1.The District Collector, Office of District Collector, Chennai.
2.The District Revenue Officer, Office of District Revenue Officer, Chennai.
3.The Revenue Divisional Officer,
Chennai South, Guindy, Chennai.
4.The Tahsildar,
Sholinganallur Taluk, Chennai-600 119.
MOHAMMED SHAFFIQ, J. mrn
W.P.No.24180 of 2025
04.07.2025