Madras High CourtWP/12/2018disposed of with direction

R.Rangasamy Udayar,(Died) v. The Revenue Divisional Officer

2025-09-03Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.1001 of 2018 1.R.Rangasamy Udayar (Died) 2.R.Selvam (P2 - substituted as LRS of deceased P1, as per order dated 21.02.2024 in WMP.3586/2024 in WP.12/2018 by JNBJ) ... Petitioners Vs.

1.The Revenue Divisional Officer, Office of the Revenue Division, Kallakurichi, Villupuram District.

2.The Tahsildar, Kallakurichi Taluk, Villupuram District.

3.Kulandaivel Udayar ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the second respondent pertaining to the Joint Patta No.714 and quash the same. 1/4

For Petitioners : Mr.D.Babu Varadharajan for M/s.T.Dhanasekar For Respondents : Mr.S.Rajesh for R1 and R2 Government Advocate R3 - Not Ready Notice

O R D E R

This writ petition has been filed seeking issuance of Writ of Certiorari to call for the records of the second respondent pertaining to the Joint Patta No.714 and quash the same.

2.The learned counsel appearing for the petitioner submitted that the petitioner is joint pattadharar and his joint patta was cancelled and fresh patta was issued in favour of the respondents 3 and 4. The learned counsel further submitted that with regard to the title of the property, the first petitioner has already filed O.S.No.203 of 2013 before the Principal District Court, Kallakurichi, as against the private respondent's father. The learned counsel further submitted that since the first petitioner/ petitioner who filed this writ petition died, his legal heir has been substituted as the second petitioner in this writ petition.

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3.In view of the above, this Court grants liberty to the second petitioner to work out the remedy before the Principal District Court, Kallakurichi in O.S.No.203 of 2013. If the second petitioner succeed in O.S.No.203 of 2013, he is at liberty to make fresh application for issuance of patta or for modification of patta. The impugned patta issued by the second respondent is subject to the result of the suit in O.S.No.203 of 2013 pending on the file of the Principal District Court, Kallakurichi.

4.The writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

03.09.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Revenue Divisional Officer, Office of the Revenue Division, Kallakurichi, Villupuram District.

2.The Tahsildar, Kallakurichi Taluk, Villupuram District.

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M.DHANDAPANI,J.

pri And W.M.P.No.1001 of 2018 03.09.2025 4/4