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2025 DAILYLAW 155803 (MAD)

Ilayaraja v. The Secretary to Government

WP(MD)/22074/2025 · 2025-08-13

S Sounthar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD) No.22074 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2025 CORAM: THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.(MD) No.22074 of 2025 Ilayaraja ... Petitioner Vs. 1.The Secretary to Government, Government of Tamilnadu Adi Dravidar & Tribal Welfare Department, Fort St.George, Chennai-600 009. 2.The Chairman, Commission for Scheduled Caste & Scheduled Tribe, Chennai. 3.The District Collector, Office of District Collector, Theni. 4.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Periyakulam, Theni District. 5.The Tahsildar, Periyakulam Taluk, Theni District. 6.The Project Officer, National Highways, Madurai. _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.22074 of 2025 7.The Assistant Divisional Engineer, Highways (C & M), Periyakulam, Theni District. 8.The Special Tahsildar, (Land Acquisition) Phase-I, NH-45e & 20, Theni. 9.S.Sundaravadivel ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 8 herein to issue computer patta in the name of the petitioner's father, Late Muthu, S/o.Nallaiyan Samban, for Survey No.310/2A, T.Kallipatti, Thenkarai Village, Periyakulam Taluk, Theni District. For Petitioner : Mr.K.Appadurai For R1 to R8 : Mr.A.Baskaran Additional Government Pleader ORDER The petitioner herein seeks a direction to the respondents 1 to 8 to issue computer patta in the name of the petitioner's father, Late Muthu, S/o.Nallaiyan Samban, in repsect of the property situated in Survey No. 310/2A, T.Kallipatti, Thenkarai Village, Periyakulam Taluk, Theni District. _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.22074 of 2025 2.Heard the arguments of Mr.K.Appadurai, learned counsel appearing for the petitioner and Mr.A.Baskaran, learned Government Advocate appearing for the respondents 1 to 8. Since no adverse order is passed against the ninth respondent, notice to the ninth respondent is dispensed with. 3.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. 4.According to the petitioner, the subject property in Survey No.310/2, with an extent of 0.58 Ares, situated in T.Kallipatti, Thenkarai Village, Periyakulam Taluk, Theni District, was originally assigned in favour of the petitioner's great-grandfather, Muthian Samban. After death of original assignee and his son, Nallaiyan Samban, the property was inherited by the petitioner's father, Muthu. He executed the settlement deed on 17.08.2005, settling the subject property in favour of the petitioner's mother. Though the petitioner has sought for a direction to the official respondents to issue a computer patta in the name of the petitioner's father, the petitioner has not produced any application seeking issuance of digital patta. _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.22074 of 2025 5.The learned Additional Government Pleader appearing for the respondents 1 to 8 would submit that the petitioner has not filed any application seeking issuance of digital patta. Therefore, his prayer for issuance of a writ of mandamus cannot be considered. 6. In view of the same, without expressing any opinion on the merits of the matter, the petitioner is directed to submit a fresh application before the fifth respondent within a period of two weeks from the date of receipt of a copy of this order. If such an application is filed by the petitioner within the stipulated time, the same shall be considered by the fifth respondent and pass final orders on its own merits and in accordance with law, after affording reasonable opportunity to the petitioner and other interested parties. Accordingly, this Writ Petition is disposed of. No costs. 13.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.22074 of 2025 To 1.The Secretary to Government, Government of Tamilnadu Adi Dravidar & Tribal Welfare Department, Fort St.George, Chennai-600 009. 2.The Chairman, Commission for Scheduled Caste & Scheduled Tribe, Chennai. 3.The District Collector, Office of District Collector, Theni. 4.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Periyakulam, Theni District. 5.The Tahsildar, Periyakulam Taluk, Theni District. 6.The Project Officer, National Highways, Madurai. 7.The Assistant Divisional Engineer, Highways (C & M), Periyakulam, Theni District. 8.The Special Tahsildar, (Land Acquisition) Phase-I, NH-45e & 20, Theni. _________ https://www.mhc.tn.gov.in/judis W.P.(MD) No.22074 of 2025 S.SOUNTHAR ,J cp W.P.(MD)No.22074 of 2025 Dated: 13.08.2025 _________ https://www.mhc.tn.gov.in/judis