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Madras High CourtWP/12002/2026disposed of

A.Sivasamy v. The Collector Of Kallakurichi District

2026-04-07Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE A.Sivasamy S/o. Late Adhimoola Udayar, Alamaram Street, Virugavur Village and Post -606 203 Kallakurichi Taluk and District ..Petitioner(s) Vs

1. The Collector Of Kallakurichi District Collectorate, Kallakurichi.

2. The District Revenue Officer Kallakurichi

3. The Revenue Divisional Officer Kallakurichi

4. The Zonal Deputy Tahsildar, Taluk Office Kallakurichi Taluk, Kallakurichi District.

5. The Revenue Tahsildhar, Taluk Office Kallakurichi Taluk, Kallakurichi District.

6. P. Rajavel S/o. Poomalai, North Street, Mudiyanoor Village and Post, Kallakurichi Taluk, Kallakurichi District.

7. K. Poomalai Udayar S/o. Krishnaswamy Udayar, No.1/137 Main Road, Virugavur Village and Post -606 203 Kallakurichi Taluk and District.

..Respondent(s)

Writ petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus directing the Respondents herein, especially the 5th respondent to remove the name of petitioner's father in the above Joint Patta Nos.741 and 743 issued by the 5th Respondent herein and issue separate patta for the lands measuring 11 plus 4-15 cents out of 22 cents, comprised in Survey No.79/2B and 3 cents out of 6 cents, comprised in Survey No.79/4 totally 18 cents in the names of A.Sivasamy (petitioner) and his brothers 1) Kumarasamy,

2) Chellamuthu and 3) Palanivel as they are legal heirs of their deceased father Adhimoola Udayar as the petitioners possession and enjoyment for more than decades by considering his representation dated 18.02.2026 for patta Transfer in our names and to pass orders.

For Petitioner(s):

Mr.T.Dhanasekaran R. Agilesh For Respondent(s):

Mr.D.Ravichander Special Government Pleader for R1 to R5

ORDER

This writ petition has been filed seeking a direction to the official respondents to remove the name of the petitioner's father in joint patta Nos.741 and 743, in respect of the property more fully disclosed in the prayer to the writ petition.

2.

According to the petitioner, his father, Adhimoola Udayar purchased the property more fully disclosed in the prayer to the writ petition ion 12.05.1975 and thereafter, he passed away. Therefore, the petitioner and his

brothers seeks for removal of their father's name in the joint patta Nos.741 and 743 for the subject property. The respondents 6 and 7 are the rival claimants. 3.

Mr.D.Ravi Chander, learned Special Government Pleader, accepts notice on behalf of the respondents 1 to 5. Since no adverse orders are passed against the respondents 6 and 7, notice to them is dispensed with by this Court. 4.

No prejudice would be caused to the respondents, if the petitioner's representation dated 18.02.2026 seeking for removal of his father's name from the Joint Patta Nos.741 and 743 for the subject property, is considered on merits and in accordance with law, after hearing the objections of respondents 6 and 7 and any other third party, whom the 5th respondent deems fit to enquire, within a time frame to be fixed by this Court. 5.

This Court is not expressing any opinion on the merits of the petitioner's representation.

6.

For the foregoing reasons, this Court directs the 5th respondent to pass final orders, on merits and in accordance with law, on the petitioner's representation, dated 18.02.2026 seeking for removal of the name of petitioner's father from Patta Nos.741 and 743 and inclusion of the names of the legal heirs of the deceased Adhimoola Udayar, with respect to the property more fully

disclosed in the prayer to this writ petition, after hearing the objection of respondents 6 and 7. Such order shall be passed, after giving due consideration to the supporting documents filed by the petitioner and after hearing the objections if any from the respondents 6 and 7 and any other necessary party, whom the 5th respondent deems fit to enquire, within a period of four months from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition is disposed of. No costs. 07-04-2026 Index: Yes/No Speaking/Non-speaking order RKA

To

1. The Collector Of Kallakurichi District Collectorate, Kallakurichi.

2. The District Revenue Officer Kallakurichi

3. The Revenue Divisional Officer Kallakurichi

4. The Zonal Deputy Tahsildar Taluk Office Kallakurichi Taluk, Kallakurichi District.

5. The Revenue Tahsildhar, Taluk Office Kallakurichi Taluk, Kallakurichi District.

ABDUL QUDDHOSE, J.

RKA 07-04-2026