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Madras High CourtWP/21881/2025disposed of

A.Maniarasan v. The District Collector

2025-06-23Honourable Mr.Justice Mohammed Shaffiq7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No. 21881 of 2025 A.Maniarasan

...Petitioner

Vs.

1.The District Collector, Collectorate, Perambalur.

2.The District Revenue Officer, DRO Office, Kunnam Taluk, Perambalur.

3.The Revenue Divisional Officer, RDO Office, Perambalur District.

4.The Thasildar, Taluk Office, Kunnam Taluk, Perambalur.

5.The Village Administration Officer, T.Keernur Village, Thirumandurai Post, Kunnak Taluk, Perambalur District.

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6.Kasinathan 7.Kannan 8.Jegathisen 9.Kannagi 10.Mani Gundu 11.Padma

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the fourth respondent to implement the proceedings of third respondent Pro.No.Ne.Mu.A3/8011/2022 dated 31.05.2023 by considering the petitioner representation dated 30.01.2023 for transfer of patta to petitioner for the said lands in SF.Nos.9/2, 9/8 and 9/9 all situated in T.Keeranur Village Thirumandurai Post, Kunnam Taluk, Perambalur District and pass orders.

For Petitioner : Mr.T.Dharani For Respondents : Mr.S.Balamurugan Government Advocate for R1 to R5

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent Nos.6 to 11 is dispensed with.

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2. The writ petition is filed praying for a writ of mandamus, to direct the fourth respondent to implement the proceedings of third respondent Pro.No.Ne.Mu.A3/8011/2022 dated 31.05.2023 by considering the petitioner representation dated 30.01.2023 to transfer patta in the name of petitioner for the said lands comprised in SF.Nos.9/2, 9/8 and 9/9 situated at T.Keeranur Village Thirumandurai Post, Kunnam Taluk, Perambalur District.

3. It is submitted by the learned counsel for the petitioner that petitioner's father, Annamalai and one Masilamani (Annamalai's elder brother), purchased the lands in SF.Nos.9/2, 9/8, 9/9, 9/3 and 9/21 situated at T.Keeranur Village Thirumandurai Post, Kunnam Taluk, Perambalur District vide sale deed registered as Document No.1933/1993 dated 15.12.1993 on the file of SRO Valikandapuram. After their demise, the said lands were inherited by their legal heirs, including the petitioner. While so, patta has been issued in favour of petitioner and other legal heirs only in respect of S.F.No.9/3 and 9/21 excluding SF.Nos.9/2, 9/8 and 9/9.

31. During UDR updation, the names of one Vadivel and Palamalai, who are nowhere connected to the subject property viz. SF.Nos.9/2, 9/8 and 9/9, has been wrongly entered, without issuing notice to the petitioner and other legal heirs. On 3/7

the basis of the said erroneous entry, the names of Ammasi, Manikundu and Padma have been included in patta No.1596 along with petitioner's mother, in respect to the subject property. Hence, the petitioner submitted a representation dated 10.02.2020 to the Revenue Tahsildar seeking deletion of the aforesaid names and transfer of patta in the name of the petitioner, in respect of the subject property. Thereafter, the petitioner again submitted a representation dated 30.01.2023 to the fourth respondent/Tahsildar seeking issuance of joint patta in the names of legal heirs of deceased Annamalai and Masilamani, in respect of the subject property. In the meanwhile, Revenue Tahsildar, after conducting enquiry and examining revenue records vide proceedings dated 31.05.2023 rendered a finding that joint patta ought to have been issued in the names of legal heirs of Annamalai and Masilamani and directed the fourth respondent to implement the same. However, the fourth respondent has not implemented the said order. Hence, the petitioner has filed the present writ petition. 4/7

4. At the outset, it was submitted by the learned Government Advocate for respondents 1 to 5 that they would consider the representation dated 30.01.2023 made by petitioner and implement the proceedings of the third respondent dated 31.05.2025 and pass appropriate orders, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the fourth respondent to consider the representation dated 30.01.2023 made by petitioner and implement the proceedings of the third respondent dated 31.05.2025 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, respondent Nos.6 to 11, Vadivel, Palamalai, Ammasi, Manikundu and Padma and any other interested persons/stake holders, within a period of twelve (12) weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law. 5/7

6. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

23.06.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, Collectorate, Perambalur.

2.The District Revenue Officer, DRO Office, Kunnam Taluk, Perambalur.

3.The Revenue Divisional Officer, RDO Office, Perambalur District.

4.The Thasildar, Taluk Office, Kunnam Taluk, Perambalur.

5.The Village Administration Officer, T.Keernur Village, Thirumandurai Post, Kunnak Taluk, Perambalur District 6/7

MOHAMMED SHAFFIQ, J.

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