Kandhasami v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Kandhasami ... Petitioner Vs.

1. The District Collector,

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Mettur, Salem District.

3. The Tahsildar, Mettur Taluk Office,

4. The Village Administrative Officer, Mechery, Mettur Taluk,

5. Muniyan

6. Perumal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd and 3rd Respondents to remove the entries of SI.No. 7) Veeragounder's Son Muniyan @ Karuppuchetty

8) Veeragounder's Son Perumal, from the Patta vide No.3008, in respect of the 1/6

property bearing Survey No.350/5, to an extent of 1-55.00 Hectares, situated at Mechery Village, Mettur Taluk, Salem District, based on the petitioner's representation dated 29.03.2025.

For Petitioner(s) : Ms.G.Ambika For R1 to R4 : Mr. A.Selvendran Special Government Pleader

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 the 5th and 6th respondent is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus, to direct the 2nd and 3rd Respondents to remove the entries of SI.No. 7) Veeragounder's Son Muniyan @ Karuppuchetty and 8) Veeragounder's Son Perumal, from Patta No.3008, in respect of the property bearing Survey No.350/5, to an extent of 1-55.00 Hectares, situated at Mechery Village, Mettur Taluk, Salem District, based on the petitioner's representation dated 29.03.2025.

3. It is submitted by the learned counsel for the petitioner that the property bearing Survey No.350/5, measuring 1-55.00 hectares situated at Mechery 2/6

Village, Mettur Taluk, Salem District was owned by petitioner's grandfather Mr.Uthandi Gounder. Petitioner's grandfather died intestate leaving his two sons Mr.Veera Gounder and Mr.Kozhandhai Gounder as his legal heirs. Thereafter, Mr.Veera Gounder and Mr.Kozhandhai Gounder died intestate leaving behind his legal heirs viz., Kozhandhai Gounder's Son Ramasamy and Kandhasamy, Veeragounder's wife Chinraj Ammal and sons Raman and Lakshman, who are in absolute possession and enjoyment of the said property till date. 3.1. It is submitted by the learned counsel for the petitioner that Joint Patta No.3008 has been issued in the names of the legal heirs. However, two names viz.

, Veeragounder's Son Muniyan @ Karuppuchetty and Veeragounder's son Perumal has been wrongly included in the Patta though they have no right, title over the subject property. It is further submitted that the petitioner made a representation dated 29.03.2025 to the respondents requesting to remove the names of Muniyan and Perumal from the above said patta. However, no action has been taken by the respondents till date. Aggrieved by the same, the present writ petition has been filed before this Court.

4. The learned Special Government Pleader appearing for respondent nos. 1 to 4, would submit that the petitioner's representation dated 29.03.2025 would be considered and appropriate orders would be passed within a time period to be 3/6

fixed by this Court, which was agreed to by the learned counsel for the petitioner.

5. In view thereof, the writ petition stands disposed of with a direction to the 2nd and 3rd respondent to consider the petitioner's representation dated 29.03.2025 and pass appropriate order within a period of 8 weeks from the date of receipt of a copy of this order, after putting the petitioner, 5th and 6th respondents and other interested parties on notice and after affording the petitioner 5th and 6th respondents and other interested parties a reasonable opportunity of hearing. 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 matter on its own merits and in accordance with law. No costs.

12.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:

1. The District Collector, 4/6

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Mettur, Salem District.

3. The Tahsildar, Mettur Taluk Office,

4. The Village Administrative Officer, Mechery, Mettur Taluk, 5/6

MOHAMMED SHAFFIQ, J.

spp 12.06.2025 6/6