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Madras High CourtWP/6141/2018disposed of with direction

Rajathi Mani v. The Commissioner Revenue

2025-09-11Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI Rajathi ... Petitioner Vs 1.The Commissioner Revenue Administration, Department of Revenue Administration, Disaster Management & Mitigation, Ezhilagam Building, Chepauk, Chennai-600005.

2.The District Collector, Salem Salem District.

3.M.Krishnan, Retd. Tahsildar Mettur, Kottahoundanpatti, Opp.to Govt. Engg College, Karuppaur Post, Omalur Post, Salem Dt.636 501. 4.G.Thiurumurugan, then Revenue Inspector. Kolature Now working as Deputy Tahsidar, Aadi Dravidar Welfar, District Collectorate, Salem. 1/8

5.Kalaiyarasu, then VAO Alamarathurpatty, Now working as VAO, Mettur Town, Mettur Taluk Office, Salem.

[R-3 to R-5 impleaded vide order dated 18.06.2019] ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondents to consider the petitioner's representations dated 19.06.2014, 10.07.2017 and 13.07.2017, within a stipulated time frame fixed by this Hon'ble Court. For Petitioner : Mr.C.Adhithyan For RR-1 & 2 : Mrs. Anitha, Special Government Pleader For R-3 : Notice not ready For RR-4 & 5 : No Appearance

O R D E R

The present Writ Petition has been filed seeking a direction to the respondents to consider the representation of the petitioner dated 19.06.2017, 2/8

10.07.2017 and 13.07.2017 within the time frame to be fixed by this Court.

2. It is the case of the petitioner that her mother had purchased the property comprised in S.F.Nos.276/1E, 277/6A, 277/4, 164/2, 277/3 measuring to an extent of 0.57 cents situated at Alamarathupatty village, Mettur Taluk from one Devarajan by way of registered sale deed dated 20.01.1992 registered as Doc.No.10/1992 and the said property devolved on the petitioner by way of a registered settlement deed in Doc.No.17/1992 dated 24.01.1992 pursuant to which, she had since been in possession and enjoyment of the same based on which, the petitioner's name was added in patta nos.1715 & 1295. However, based on the representation given by one Sengoda Gounder who is the adjacent land owner seeking to include his name in patta Nos.1715 in respect of S.F.No.276/6A measuring to extent of 0.

15 cents, the Sub-Collector, Mettur sought for a report from the Tahsildar, Mettur regarding the lands in S.F.No.277/6A, pursuant to which, the Tahsildar, Mettur had given false report to the Sub-Collector, Mettur stating that the settlement deed which was executed in favour of the petitioner is not valid as the land comprised in S.F.No.

been sold by way of a forged document and that the name of the petitioner patta in respect of the said land can be removed. Based on the said report, the District Collector, Mettur is proceeding with the change of patta proceedings. Aggrieved by which, the petitioner had made a representations dated 19.06.2017, 10.07.2017 and 13.07.2017 to the 2 nd respondent/District Collector, Mettur seeking to take action against the erring revenue officials. Since, no action has been taken on the same so far, the petitioner, has filed the the present Writ Petition seeking the aforesaid relief.

3. Learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues a direction to the respondents to consider the petitioner's representation and pass appropriate orders on merits within a reasonable time that may be stipulated by this Court.

4. Learned Special Government Pleader appearing for respondents 1 & 2 submitted that though it is claimed that report of the Tahsildar, Mettur stating that the documents of the petitioner is a forged one, which shall also be taken into 4/8

consideration while the order is passed by the Revenue Divisional Officer considering the representation of the petitioner.

5. Taking into consideration the aforesaid submissions and also the fact that the report of the Tahsildar cannot be the basis to reject the claim of the petitioner as it is only the civil court which after adjudication can decide the same, this Court without expressing any opinion on the merits of the issue, directs the Revenue Divisional Officer, Mettur to consider the representation made by the petitioner dated 13.07.2017 as well as the representation of the adjacent land owner dated 14.12.2015 and pass orders on the same on merits and in accordance with law as expeditiously as possible after affording an opportunity of hearing to the petitioner as well as the other interest parties including the rival claimants, if any.

6. This Writ Petition is allowed with the aforesaid direction. There shall be no order as to costs.

11.09.2025 Index : Yes / No Speaking Order / Non-speaking order 5/8

Nhs | To 1.The Commissioner Revenue Administration, Department of Revenue Administration, Disaster Management & Mitigation, Ezhilagam Building, Chepauk, Chennai-600005.

2.The District Collector, Salem Salem District.

3.M.Krishnan, Retd. Tahsildar Mettur, Kottahoundanpatti, Opp.to Govt. Engg College, Karuppaur Post, Omalur Post, Salem Dt.636 501. 6/8

M.DHANDAPANI, J Nhs 7/8

11.09.2025 8/8