2026 Supreme(Online)(Mad) 42052
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Dhandapani, J
T.Arun – Appellant
Versus
Government Of Tamil Nadu – Respondent
Writ Petition
For the Appellants/Petitioners: P.Venkateshan
For the Respondents: C. Jayaprakash
The High Court can issue a writ of Mandamus directing statutory authorities to dispose of pending representations or appeals within a fixed timeframe when they fail to perform their legal duty, without delving into the underlying merits of the land classification dispute.
Headnote:The petitioner filed a writ petition seeking a writ of Mandamus to direct the District Revenue Officer to dispose of an appeal pending since 2023 regarding the reclassification of land in government records. The petitioner contended that ancestral land was incorrectly displayed as Government Poramboke land in online portals without prior notice, violating the property rights under the established administrative framework. The core issue was the inaction of the authority in disposing of the pending appeal and representation filed by the petitioner. The Court, without expressing an opinion on the merits of the property dispute, observed that the authorities are duty-bound to consider representations in accordance with legal procedures. The Court disposed of the writ petition with a direction to the respondent to consider the petitioner's representation and pass appropriate orders on merits within a period of twelve weeks.
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| 1. court's power to issue directions for timely disposal of administrative appeals. (Para 6 , 4 , 5 , 6) |
| 2. summary of facts regarding land classification dispute and history of representation. (Para 1 , 2 , 3) |
6. The Tahsildar Kundrathur Taluk, Kancheepuram District, Kancheepuram ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 4th respondent herein to dispose the petitioners fresh representation dated 24.11.2025 on considering the petitioner appeal dated 9.12.2023 and to issue fresh online patta in petitioner favour to either rectify or reclassify the patta lands in Survey No. 56/1A of Nariyambakkam Village, Thiruperambathur Taluk, Kancheepuram district from Government Poramboke land to patta lands as it is displayed incorrectly in the government portals online expeditiously affording an opportunity to petitioner on and in accordance with law as expeditiously as possible preferably a time limit that may be fixed by this Court.
For Petitioner : Mr. P.Venkateshan For Respondents : Mr. C. Jayaprakash Govt. Advocate
ORDER
This Writ Petition is filed seeking a direction to the 4th respondent herein to dispose the petitioners fresh representation dated 24.11.2025 on considering the petitioner appeal dated 9.12.2023 and to issue fresh online patta in petitioner favour to either rectify or reclassify the patta lands in Survey No. 56/1A of Nariyambakkam Village, Thiruperambathur Taluk, Kancheepuram district from Government Poramboke land to patta lands as it is displayed incorrectly in the government portals online expeditiously affording an opportunity to petitioner on and in accordance with law as expeditiously as possible preferably a time limit that may be fixed by this Court.
2. Learned counsel appearing for the petitioner would submit that the petitioner's father originally owns his ancestral property measuring to an extent of 16 acres and 21 cents of land in Punja Survey No.56/A of Nariyambakkam Village, Thiruperumbathur Taluk, Kancheepuram District and for the same, valid patta was also issued. His father executed a Will bequeathing 4/5th share of the above said land in favour of petitioner and thereafter, a partition deed was executed between the petitioner and his sister on 21.11.2011. Accordingly, after demarcating their respective shares, the petitioner is in possession and enjoyment of his share of land till date. While being so, in order to get approval for constructing a house in his share, the petitioner approached the Government, but to his shock and surprise, in Government records the land owned by the petitioner in S.No.56, Nariyambakkam Village, which is actually a patta land, was shown as Government Poramboke land. Hence, the petitioner made a representation on 20.10.2022, however, there was no response for the same. The petitioner filed W.P.No.32090 of 2022 seeking for a direction to the respondents to consider and pass orders on his representation dated 20.10.2022 and the said Writ Petition was disposed of vide the order of this Court dated 01.02.2022 directing the jurisdictional Tahsildar to consider the representation and pass orders on the same.
3. As there was no action forthcoming, the petitioner filed a contempt petition in Cont.Petn.No.2727 of 2023 and the same was closed on
17.11.2023 taking note of the fact that the order passed in writ petition has been complied with by passing orders on 17.11.2023. The respondents have classified the petitioner's lands into Government poramboke lands without issuing any prior notice to the petitioner or without resorting to acquisition proceedings. Aggrieved by the order passed in contempt, the petitioner preferred an appeal under Section 12 of the Tamil Nadu Patta Pass Book Act, 1983 before the 4th respondent, however, till date, the 4th respondent has not considered the appeal and dispose of the same. The said appeal is pending since 2023. Having regard to the same, th