Sureshkumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 01.09.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY Sureshkumar S/o. Mc Subramani, Block B F3 Thainariyana Aparmtment, 20a Naraiyanasamy Street, Palavanthangal, Chennai ... Petitioner Vs.

1. The District Collector Tirupathur District

2. District Revenue Officer District Revenue Officer Tirupathur

3. Revenue Divisional Officer Tirupathur

4. Tahsildar Tirupathur ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to dispose the petitioners application dated 19.05.2025 and take appropriate 1/7

action for cancellation of Patta 1424 in respect of Survey NO. 321/D is situated at Kudapattu Kodumampalli Mathura Village, Tirupathur Taluk, Tirupathur District and consequently direct the 1st respondent to issue Patta in petitioners father name within a stipulated time as fixed by this honourable court For Petitioner : Mr.P.M.Jayachandran For Respondent : Mr.C.Jayaprakash, GA

ORDER

This writ petition has been filed to direct the 2nd respondent to consider the petitioner's application dated 19.05.2025.

2. Mr.C.Jayaprakash, learned Government Advocate, takes notice on behalf of the respondents.

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

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4. The learned counsel for the petitioner would submit that in this case, the petitioner's father, being the absolute owner of the subject property, had obtained patta in his name. Thereafter, he leased out the subject property to his sister's husband, namely Perumal, by way of lease agreement. Based on the said lease agreement, the said Perumal had maintained the subject property for few years and he had erroneously transferred the patta in his name. Against the same, an original suit in OS.No.309 of 2010 had been filed by the petitioner's father, whereby vide judgement dated 14.10.2019, it was declared that the petitioner's father is the absolute owner of the property. Therefore, the petitioner's father made several representation before the respondents for cancellation of patta, which was erroneously issued in the name of Perumal and change the said patta in his name. Now, the petitioner had also sent a representation dated 19.05.2025 for the very same request. However, the said representation was not at all considered by the respondent till date. Hence, this writ petition.

5. In reply, the learned Government Advocate appearing for the respondents had confirmed the submissions made by the petitioner and 3/7

sought for 3 months time to consider and dispose of the representation filed by the petitioner.

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

7. In the case on hand, the petitioner's father, being the absolute owner of the subject property, had obtained patta in his name. Thereafter, he leased out the subject property to his sister's husband, namely Perumal, by way of lease agreement. Based on the said lease agreement, the said Perumal had erroneously transferred the patta in his name, against which, OS.No.309 of 2010 had been filed by the petitioner's father. In the said suit, vide judgement dated 14.10.2019, it was declared by the District Munsif Court, Thirupathur, that the petitioner's father is the absolute owner of the subject property. Thereafter, the petitioner's father made several representations before the respondents for cancellation of patta, which was erroneously issued in the name of Perumal and change the said patta in his name. Now, the petitioner had 4/7

also sent a representation dated 19.05.2025 for the very same request. However, the said representation was not at all considered by the respondent till date.

8. In view of the above, this Court directs the 2nd respondent to consider the petitioner's representation dated 19.05.2025, by cancelling the patta, which was erroneously issued in the name of Perumal and issuing the patta in the name of petitioner's father, within a period of 3 months from the date of receipt of copy of this order.

9. With the above directions, this writ petition is disposed of. No costs.

01.09.2025 Speaking/Non-speaking order Index : Yes / No nsa To

1. The District Collector Tirupathur District 5/7

2. District Revenue Officer District Revenue Officer Tirupathur

3. Revenue Divisional Officer Tirupathur

4. Tahsildar Tirupathur 6/7

KRISHNAN RAMASAMY.J., nsa 01.09.2025 7/7