IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice ABDUL QUDDHOSE
V.GOVINDAN – Appellant
Versus
THE STATE OF TAMIL NADU – Respondent
##PAGE1##
WP No. 1990 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-01-2026
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
WP No. 1990 of 2025
AND WMP NO. 2460 OF 2025
V.Govindan,
S/o.Varadan,
Residing At No 12/97, Periya Mathur,
Pelakkadu Post Maramangalam,
Salem District.
Petitioner(s)
Vs
1.The State Of Tamil Nadu,
Rep, by the Secretary to Government,
Environment And Forest Department,
Fort St George, Chennai 600 009.
2.The District Collector,
Salem District, Salem.
3.The Forest Officer,
Yercaud Salem.
4.The District Forest Officer,
Gandhi Road, Salem 636 007.
5.The District Revenue Officer,
Cum District Level Committee,
Salem Collectorate Office, Salem.
6.The Special Tahsildar, Adi Dravidar
Welfare,
Salem, Salem District.
7.The Tahsildar,
Yercaud, Salem District.
Respondent(s)
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PRAYER:-Writ Petition filed under Article 226 of the Constitution of India,
praying for an issuance of Writ of Mandamus, directing the 7th respondent to
implement the order passed by the 6th respondent made in Na.Ka. No. 295 /
2023 / A dated 04.12.2023 and based on the petitioner application dated
10.01.2023 and issue patta to the petitioner comprising in survey No 251 and
Manjal Vadi R.F. Survey No 1887, which is situated at Manjal Vadi R.F. Survey
No. 1887 yercaud, Salem district of Maramanagalam panchayat, Periya Mathur
Village, Yercaud Taluk, Salem District and within the time frame as fixed by
this Court.
For Petitioner(s): Mr.D.Babu Varadharajan
For Respondent(s): Mr.S.J.Mohamed Sathik
Standing Counsel
For R1, R3 & R4
Mr.R.P.Murugan Raja
Government Advocate
For R2, R5 to R7
ORDER
This writ petition has been filed challenging the impugned order dated
04.12.2023 passed by the 6th respondent rejecting the petitioner’s request for
grant of patta in favour of the petitioner for the subject property more fully
described in the prayer to this writ petition on the ground that the petitioner has
not satisfied the eligibility criteria for the grant of patta and has also not
submitted the residential proof for residing in the subject property.
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2.The counter affidavit has been filed by the respondents 4 and 6 on
behalf of all the respondents. As seen from the same, the petitioner has not
satisfied the eligibility criteria for issuance of patta for the subject property. The
6th respondent has stated in the counter that the property for which patta is
sought for by the petitioner falls in the reserve forest area. The 4th respondent
has also stated that the petitioner has not satisfied the eligibility criteria for
issuance of patta in his name.
3.However, the learned counsel for the petitioner submits that the
petitioner has all the documentary evidence to prove that he is entitled for the
issuance of patta. The petitioner had also submitted an application before the
respondents, which disclosed that the petitioner is residing in the place for
which the patta is sought for.
4.This Court is not expressing any opinion on the merits of the said
application.
5.Since the petitioner categorically contends before this Court that he is in
possession of the supporting documents to prove that he is entitled for patta as
prayed for in this writ petition, this Court in the interest of justice deems it fit to
remand the matter back to the 6th respondent for fresh consideration, after
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affording one personal hearing to the petitioner to enable the petitioner to file
the supporting documents.
6.For the foregoing reasons, the impugned order dated 04.12.2023 is
hereby quashed and the matter is remanded back to the 6th respondent for fresh
consideration of the petitioner’s application seeking for issuance of patta on
merits and in accordance with law, within the time frame to be fixed by this
Court. The 6th respondent shall pass final orders on
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