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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-10-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN WP No. 40060 of 2026 CNR:{HCMA012228982026}

AND WMP NO. 44973 OF 2026 Indirani W/o Late Gopalnaicker, D. No 3/182 Gandhi Street Medavakkam Main Road, Kovilampakkam, Sholingnallur, Chengalpattu District ..Petitioner(s)

Vs

1. The State Government of Tamil nadu Represented by its Secretary, Land and Revenue Department, Fort St George, Chennai.

2. The District collector Chengelpattu, Chengelpattu District

3. The Revenue Division officer Chengelpattu, Chengelpattu District

4. The Tahsildar Tambaram Taluk, Chengelpattu District

5. The Divisional Engineer Office fo the Divisional Engineer (H) Chengalpattu Division, Chenglapattu ..Respondents Prayer: Writ Petition under Article Directing the respondents to consider the petitioners representation dated 1.07.2026, seeking grant of patta in respect of the property admeasuring east to west 105 feet and north to south 45 feet thus totally admeasuring to an extent of 4200 sq.ft together with the adjoining three house sites each measuring 25 feet X 60 feet comprised in Old survey no 123/1B, New Survey No 123/26 leaving the land portion in which the road is laid situated at Kovilambakkam village Gandhi street shollingnallur Taluk and Kancheepuram District, and direct the respondents to pay compensation towards the illegal demolition of the petitioner house, structures, household articles and well.

For Petitioner: Mr.R. Rajarajan For Respondents : Mr.K.Surender Special Government Pleader-for R1 to R5

Order

(Order of the Court was made by S.M.Subramaniam J.)

The lis on hand has been instituted to direct the respondents to consider the representation submitted by the writ petitioner on 10.07.2026 for grant of patta in respect of the property comprised in Old survey no 123/1B, New Survey No 123/26 Kovilambakkam village, Gandhi street, Shollingnallur Taluk, Kancheepuram District.

2. Learned counsel for the writ petitioner Mr.Nandagopal would submit that the application seeking Patta in respect of the subject property has not been considered mainly on the ground the land has been classified as "Meikkal Poramboke (grazing land)". In respect of grazing land, no Patta can be issued under the Statute. Under these circumstances, the petitioner moved the present writ petition seeking a direction to dispose of the representation.

3. A direction to dispose of the representation cannot be granted by the High Court in a routine manner. In the absence of establishing any right or infringement of right, if any direction has been issued to consider the representation, it would do no service to the cause of justice, but the litigant will be back again by filing another round of litigation. That apart, in the absence of establishing any right, no writ under Article 226 of the Constitution of India is maintainable.

4. The practice of filing writ petition to dispose of the representation without even establishing the right is in ascending mode, whereby the parties are attempting to reopen the dead cause of action or to secure orders to achieve their goal in an indirect manner. Such directions are often paving way for corrupt practices in Government departments. Therefore, the High Court before issuing any such direction to dispose of the representation, has to ascertain whether any right of the person is established or infringement of right has been established.

5. Section 3 of the Patta Passbook Act, in clear terms stipulates that the owner of the property is entitled to file an application seeking issuance of patta passbook. Sub-section (1) to Section 3 states that, “the Tahsildar shall issue a patta pass book to every owner in respect of land owned by on and application made by his in this behalf. Any application received under this section shall be acknowledged by the Tahsildar or any other officer authorised by him in this beha