Karuppan, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.Nos.5707, 5708, 5709 & 5710 of 2016 and 24746, 24747, 30165 & 37768 of 2017 1.Karuppan ... Petitioner in W.P.No.6412 of 2016 2.A.Pazhanal ... Petitioner in W.P.No.6413 of 2016 Vs.
1.The Secretary to Government, Department of Revenue, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
2.The Land Commissioner, Chepauk, Chennai - 600 005.
3.The Assistant Commissioner, Land Reforms, Erode.
Now the duties are exercised by The P.A. to the Collector (Land) Tirupur District, Collector Officer, Tirupur District. 4.The Revenue Tahsildar, Kangeyam Taluk, Thirupur District.
5.P.Ramesh 6.Nachiammal 7.Ramaal 8.Jayanthi Page No.1 of 6
9.Perumal 10.Minor Priyadarshini 11.Minor Kaviyarasu [minor R10 & R11 are represented by their father and natural guardian Mr.Perumal] ... Respondents in both WPs Prayer in W.P.No.6412 of 2016 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the order dated 10.10.2014 Proceedings No.Na.Ka.3980/2014/Aa5 of the 4th respondent and quash the same and consequently direct the 4th respondent to cancel the Patta No.1969 and issue regular Patta in respect of the property comprised in Survey No.38/A2, 39/A2, 38/B2, 39/B2, 39/C2 and 39/D (Old Re-Survey No.475 and 476, present Re-Survey No.476/12) of Pachapalayam Village, Kangeyam Taluk, Thirupur District to an extent of 1.85 acres in favour of the petitioner. Prayer in W.P.No.
6413 of 2016 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the order dated 10.10.2014 Proceedings No.Na.Ka.3980/2014/Aa5 of the 4th respondent and quash the same and consequently direct the 4th respondent to cancel the Patta No.1969 and issue regular Patta in respect of the property comprised in Survey No.38/A2, 39/A2, 38/B2, 39/B2, 39/C2 and 39/D (Old Re-Survey No.475 and 476, present Re-Survey No.476/7 and 476/8) of Pachapalayam Village, Kangeyam Taluk, Thirupur District to an extent of 1.85 acres in favour of the petitioner.
For Petitioner (in both WPs) : Mr.K.V.Sundararajan Page No.2 of 6
For Respondents (in both WPs) : Mr.T.M.Rajangam Government Advocate [R1 to R4] No appearance [R5] Mr.P.Saravanan [R6 to R11] ***** COMMON ORDER Since the issue involved in these writ petitions is one and the same, with the consent of the learned counsel appearing for the parties, these writ petitions are heard together and disposed of by way of this common order.
2. The case of the petitioners is that the 4th respondent has passed the impugned order dated 10.10.2014, ordering transfer of patta in favour of the respondents 6 to 9 in respect of the petition mentioned survey numbers, which was assigned in the names of the father of the petitioner in W.P.No.6412 of 2016 and the husband of the petitioner in W.P.No.6413 of 2016. Aggrieved by the same, the petitioners have filed these writ petitions before this Court.
3. Though very many grounds have been raised in these writ petitions, learned counsel for the petitioners submits that, as against the order passed by the 4th respondent, there is an effective appeal available before the Revenue Divisional Officer, Tiruppur District. Hence, he prays Page No.3 of 6
that this Court may grant the above liberty to the petitioners.
5. In view of the limited request sought for by the learned counsel appearing for the petitioners, this Court, without interfering with the respective impugned order, grants liberty to the petitioners to prefer appeal before the Revenue Divisional Officer, Tiruppur District and the period pending before this Court is excluded for the purpose of limitation.
6. With the above liberty, these Writ Petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 03.09.2025 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6
To 1.The Secretary to Government, Department of Revenue, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
2.The Land Commissioner, Chepauk, Chennai - 600 005.
3.The Assistant Commissioner, Land Reforms, Erode.
Now the duties are exercised by The P.A. to the Collector (Land) Tirupur District, Collector Officer, Tirupur District. 4.The Revenue Tahsildar, Kangeyam Taluk, Thirupur District.
Page No.5 of 6
M.DHANDAPANI, J.
sp 03.09.2025 Page No.6 of 6