Ponnusamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-06-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY Ponnusamy s/o. Rengasamy, No. 37, West Street, Thoravalur Village, Vriddhachalam Taluk, Cuddalore district 606 003 ..Petitioner(s) Vs

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

2. The Revenue Divisional officer Revenue Divisional office, Vriddhachalam Division, Vriddhachalam , Cuddalore district 606 001

3. The Tahsildar Vriddhachalam Taluk office, Vriddhachalam Taluk, Cuddalore district 606 001

4. The Zonal Deputy Tahsildar Vriddhachalam Taluk office, Vriddhachalam , Cuddalore district 606 001

5. Amudharasu S/o.Anbazhagan,

Layout No. 43, Aishwarya Residential, Near Christ Public School, Mysuru, Karnataka State 570 001

6. Elangovan S/o. Ramasamy, No.10 South Street, Thoravalur Village, Vriddhachalam Taluk Cuddalore district 606 003

7. Saraswathi D/o. Ramasamy, No.131 NorthStreet, Thoravalur Village, Vriddhachalam Taluk Cuddalore district 606 003 ..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus directing the 2nd respondent to consider and dispose of the petitioner's statutory appeal/ representation dated 13.08.2025 submitted before the Revenue Divisional officer, Vriddhachalam seeking cancellation of the Automatic Patta Transfer order bearing Ref No. 2025/0103/ 18/ 365246TR dated 22.07.2025 pertaining to Patta No. 1844, in respect of survey Nos. 5/2 , 5/3 and 5/4 situated at Thoravalur Village, Vriddhachalam Taluk Cuddalore district and conseqently restore the earlier Patta No. 465 standing in the name of the petitioner within such time frame as may be fixed by this Court.

For Petitioner(s):

Mr. M.Elumalai For Respondent(s):

Mrs.Inthu Karunakaran Government Counsel for R1 to R4

ORDER

The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the 2nd respondent to consider and dispose of the petitioner's representation dated 13.08.2025.

2. The petitioner contends that he has been in continuous possession and enjoyment of the subject agricultural lands at Thoravalur Village, Vridhachalam Taluk, for several decades, and the revenue records earlier stood in his name. Despite a decree in O.S. No. 3484 of 1979, respondents 6 and 7 allegedly relied upon a sale deed dated 12.06.2025 to obtain an automatic patta transfer in favour of the 5th respondent without issuing notice or conducting any enquiry with the petitioner. Aggrieved by the illegal mutation, the petitioner submitted a representation dated 13.08.2025 seeking cancellation of the impugned patta transfer. As no final orders have been passed on the representation, the petitioner has filed the present writ petition seeking a direction to the second respondent to consider and dispose of the representation within a time frame.

3. Heard the learned counsel for the petitioner and Mrs.Inthu Karunakaran, learned Government Counsel for respondent Nos.1 to 4.

4. Since no adverse order is going to be passed against respondent Nos.5 and 6, notice to them is dispensed with.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

6. In view of the above, this Court, without expressing any opinion on the merits of the matter, directs the second respondent (Revenue Divisional Offier, Virudhachalam Division) to consider the petitioner's representation dated 13.08.2025. The second respondent shall pass appropriate orders on merits and in accordance with the law, after issuing notice to the petitioner and any other

interested parties, within a period of four (4) weeks from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs.

30-06-2026 Asi To

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

2. The Revenue Divisional officer Revenue Divisional office, Vriddhachalam Division, Vriddhachalam , Cuddalore district 606 001

3. The Tahsildar Vriddhachalam Taluk office, Vriddhachalam Taluk, Cuddalore district 606 001

4. The Zonal Deputy Tahsildar Vriddhachalam Taluk office, Vriddhachalam , Cuddalore district 606 001

KRISHNAN RAMASAMY, J.

Asi 30-06-2026