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Madras High CourtCMP/5802/2026ordered

V.Loganathan v. Jagannadhan

2026-02-26Honourable Mr.Justice P.B. Balaji3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CMP.No.5802 of 2026 & CRP.SR.No.36517 of 2026 1.V.Loganathan 2.V.Boovaragamoorthi 3.V.Venkatesan 4.V.Krishnadevarayar Petitioner(s) Vs 1.Jagannadhan 2.The Collector, Cuddalore District, Collectorate Buildings, Cuddalore - 607 102.

3.The Revenue Divisional Officer, Cuddalore, Collectorate Buildings, Cuddalore - 607 001.

4.The Tahsildar, Panruti, Taluk Office, Panruti - 607 106.

Respondent(s) For Petitioner(s):

Mr.S.Adarsh

ORDER

This Civil Miscellaneous Petition has been filed to grant leave to the petitioners to file Civil Revision Petition, challenging the judgment and decree dated 06.07.2015 made in O.S.No.51 of 2012 on the file of he District Munsif, Panruti.

2.Heard Mr.S.Adarsh, learned counsel for the petitioner. 3.The grievance of the petitioners is that the petitioners' property is now sought to be surveyed by the Tahsildar, Panruti, and on enquiry, the petitioners have come to know that the suit has been filed by the 1st respondent, as plaintiff, in O.S.No.51 of 2012 before the District Munsif, Panruti. The said suit was decreed ex-parte and based on the said ex-parte decree, the execution petition has been filed and a direction was issued to the Tahsildar to effect mutation of patta in favour of the 1st respondent, failing which, an arrest memo has been issued against the Tahsildar, Panruti. Challenging the said order, directing mutation of patta, the present revision petition has been filed.

4.The learned counsel for the petitioner would invite my attention to Section 14 of the Tamil Nadu Patta Passbook Act, 1983, where there is a statutory bar to approach the Civil Court and further, the petitioners claim under the original assignee, who was alive in 2016.

5.I am satisfied that the petitioners have made out prima facie case for seeking leave to challenge the decree in O.S.No.51 of 2012, by invoking the extraordinary power under Article 227 of Constitution of India.

6.In view of the above, the Civil Miscellaneous Petition is allowed. The Registry is directed to number the revision and list the same for admission on 27.02.2026.

26.02.2026 ata

To 1.The Collector, Cuddalore District, Collectorate Buildings, Cuddalore - 607 102.

2.The Revenue Divisional Officer, Cuddalore, Collectorate Buildings, Cuddalore - 607 001.

3.The Tahsildar, Panruti, Taluk Office, Panruti - 607 106.

CMP.No.5802 of 2026 & CRP.SR.No.36517 of 2026