K.Vairakannu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-06-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY K.Vairakannu S/o. Late. Kathirvelu, No. 6/51 Middle street, Therkiruppu, Iruppu post, Vridhachalam Taluk, Cuddalore district 607 805 ..Petitioner(s) Vs

1. The District Collector Collector Office, Cuddalore district , Cuddalore 607 001

2. The Revenue Divisional officer Revenue Divisional office, Vridhachalam division , Vridhachalam , Cuddalore district 606 001

3. The Tahsildar Vridhachalam taluk office, Vridhachalam taluk, Cuddalore district 606 001 ..Respondent(s) Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd respondent to consider and dispose of the petitioners application for sub division and Patta transfer bearing Application No. 2026 /0105/ 18/ 010589 dated 12.03.2026 in respect of the property comprised in Survey No. 151/7A situated at Iruppu village, Virudhachalam Taluk, Cuddalore district within such time frame as may be

fixed by this Honble court and consequently direct the respondents to effect necessary mutation in the revenue records, including patta and passbook entries in respect of the said property in the names of the legal heirs of Late. Shri Kathirvelu including the petitioner in accordance with law and pass For Petitioner(s):

Mr.M.Elumalai For Respondent(s):

Ms.Inthu Karunakaran, Govt's Cl.

ORDER

This writ petition has been filed to direct the respondents to consider the petitioner's application dated 12.03.2026.

2. Ms.Inthu Karukanaran, learned Government's counsel, takes notice on behalf of the respondents.

3. By consent of the parties, the main petition is taken up for disposal in the stage of admission itself.

4. The learned counsel for the petitioner would submit that in this case, initially, the petitioner's father had purchased the subject property at Survey No.151/7, to an extent of 263⁄4 cents of land, vide sale deed dated 17.10.1955. Thereafter, the petitioner's father had passed away on 01.12.1976. Now, a representation was filed by the petitioner for transfer of patta. However, the said

representation was not at all considered by the respondent till date. Hence, this petition.

5. In reply, the learned Government's counsel appearing for the respondent would submit that at present, the patta, pertaining to the subject land, stands in the name of one Valarmathi. However, the petitioner is relying upon the sale deed, executed in the year 1955 and claiming his right over the subject property. As per the revenue records, subsequent to the said deed, two transactions had occurred, pertaining to the said property, in the year 1977 & 2026. In such case, unless and otherwise those transactions were set aside, the patta will not be transferred in favour of the petitioner.

6. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

7. In the case on hand, a representation was filed by the petitioner for transfer of patta based on the sale deed dated 17.10.1955. According to the respondent, now, the patta, pertaining to the subject land, stands in the name of one Valarmathi. Further, as per the revenue records, subsequent to the said deed, two transactions had occurred, pertaining to the very same subject property.

8. In such case, as rightly contended by the respondent, unless and otherwise those transactions were set aside, the patta will not be transferred in the name of petitioner. Now, the right course available to the petitioner is to challenge the registration of aforesaid sale deeds in the manner known to law. The representation for transfer of patta will not be entertained unless and otherwise, a decree is obtained from any Court of law in favour of the petitioner.

9. In view of the above, this Court is not inclined to entertain this petition. However, the petitioner is granted liberty to file a suit before an appropriate Civil Court and establish his right over the subject property.

10. With the above directions, this writ petition is disposed of. No cost. 11-06-2026 Index: Yes/No Speaking/Non-speaking order nsa To

1. The District Collector Collector Office, Cuddalore district , Cuddalore 607 001

2. The Revenue Divisional officer Revenue Divisional office,

Vridhachalam division , Vridhachalam , Cuddalore district 606 001

3. The Tahsildar Vridhachalam taluk office, Vridhachalam taluk, Cuddalore district 606 001

KRISHNAN RAMASAMY J.

nsa 11-06-2026