Madras High CourtWP/8407/2026disposed of

Elumalai v. The District Collector

2026-03-10Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Elumalai Petitioner(s) Vs

1. The District Collector Kallakurichi District 2.The Tahsildar Vanapuram Taluk, Kallakuirichi District 3.Sivaprakasam 4.Singaravelan 5.The Revenue Divisional Officer, Kallakurichi, Kallakurichi District.

(R5 suo motu impleaded by this Court vide order dated 10.03.2026 by AQJ) Respondent(s) PRAYER To Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction directing the respondents to consider the petitioners representation dated 21.05.2025 and consequently transfer the patta in favour of the petitioner and his brother in respect of the land comprised in Survey No.145/9A and 145/9C measuring 0.31.50 Acres situated at Jamabadai Village, Sankarapuram Taluk and District.

For Petitioner(s):

Mr.V.Gunasekar For Respondent(s):

Mr.C.Jayaprakash Govt Advocate For R1,R2 and 5 R3 and R4 -Pvt dispensed with

ORDER

This writ petition has been filed to direct the official respondents to transfer the patta for the property, morefully disclosed in the prayer to this writ petition, in favour of the petitioner, based on the petitioner's representation dated 21.05.2025.

2.Admittedly, the patta now stands in the name of the fourth respondent. Instead of seeking for cancellation of the fourth respondent's patta and for issuance of patta in the name of the petitioner thereafter, the petitioner had given a representation on 21.05.2025 to the official respondents seeking for transfer of patta in the name of the petitioner without seeking for cancellation of the fourth respondent's patta. Only when the fourth respondent's patta gets cancelled, the question of transferring the patta in the name of the petitioner will arise. 3.Learned counsel for the petitioner would now submit that the petitioner is willing to give a representation to the competent authority seeking for cancellation of the fourth respondent's patta and thereafter for issuance of patta

in the name of the petitioner and a direction may be issued to the said competent authority to consider the petitioner's representation, on merits and in accordance with law, within a time frame to be fixed by this Court. 4.Since the Revenue Divisional Officer, Kallakurichi, Kallakurichi District has not been arrayed as party respondent in this writ petition, this Court, by exercising its suo motu powers, impleads the Revenue Divisional Officer, Kallakurichi, Kallakurichi District as the fifth respondent in this writ petition. Registry is directed to carry out the necessary amendment. 5.Mr.C.Jayaprakash, learned Government Advocate accepts notice on behalf of respondents 1, 2 and 5. Since no adverse order is being passed against respondents 3 and 4, notice to respondents 3 and 4 is dispensed with by this Court.

6.Since the representation dated 21.05.2025, which is the subject matter of this writ petition, is incorrect, the following directions are issued by this Court, after recording the submissions made by the learned counsel for the petitioner, on instructions:

a)The petitioner is directed to submit a fresh representation to the competent authority, namely, the Revenue Divisional Officer, Kallakurichi, Kallakurichi District seeking for cancellation of the fourth respondent's patta for the property, morefully disclosed in the prayer to this writ petition, within a period of two weeks from the date of receipt of a copy of this order; b)On receipt of the aforesaid representation from the petitioner within the stipulated time, the Revenue Divisional Officer, Kallakurichi, Kallakurichi District shall pass final orders, on merits and in accordance with law, after giving due consideration to the supporting documents filed by the petitioner and after hearing the objections of respondents 3 and 4 and any other third party whom the newly impleaded fifth respondent deems it fit to enquire, within a period of 12 weeks thereafter.

No costs.

10-03-2026 vga

To 1.The District Collector Kallakurichi District 2.The Tahsildar Vanapuram Taluk, Kallakuirichi District 3.The Revenue Divisional Officer, Kallakurichi, Kallakurichi District.

ABDUL QUDDHOSE J.

vga 10-03-2026