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Madras High CourtWP/33085/2025dismissed

Amudha Markandan v. The District Collector

2025-09-01Honourable Mr Justice M.Dhandapani9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI 1 Amudha Markandan 2 L.Krishna Kumar 3 Sarasu 4 Boopal 5 Murali Kumar 6 Jayalakshmi 7 Aarumugam 8 Aanandan 9 Viji 10 Sivabalan 11 Latchumanam 12 Ezhumalai 13 Ganesan 14 Manoranjitham 15 Lakshmanan 16 Joseph 17 David 18 Jayalakshmi Shanmugasundaram 19 Raja 20 Iyyanar 21 Vijaya 22 Navaneetham Velu 23 Sakthikumari 24 Panneerselvam 25 Ezhumalai 26 Yasodha 27 Aanandan 28 Manikandan Subramani 29 Mahalinga 30 Sokkammal Natarajan 31 Rajammal 1/8

32 Mallika 33 Maruvammal 34 Karuvelan Athipazham 35 Selvi Muniyappan 36 Varudan 37 Kuppu 38 Chellammal 39 Arul 40 Purani 41 Arul 42 Devaki 43 Dhanalakshmi 44 Ravi 45 Santosh 46 Harikrishnan 47 Mannangatti Munusamy 48 Murugan 49 Murugan 50 Murugan 51 Janaki Rajamanickam 52 Indira 53 Murugesan 54 Prakash 55 Prakash 56 Valli 57 Muniyappan 58 Aanandan 59 Iyyappan Krishnan 60 Malar Veerappan 61 Iyyanar Selvaraj 62 S.Menaka 63 Divya 64 Prabavathi 65 Dhanalakshmi ... Petitioners Vs.

1 The District Collector Villupuram District, 2/8

Villupuram.

2 The Commissioner H.R.&C.E. Department, Nungambakkam, Chennai - 600 034.

3 The Assistant Commissioner H.R.&C.E. Department, Villupuram, Villupuram District.

4 The Additional Commissioner(Enquiry) H.R.&C.E. Department, Villupuram, Villupuram District.

5 The Revenue Divisional Officer Tindivanam, Villupuram District.

6 The Tahsildar Marakkanam Taluk, Villupuram District.

7 Arulmighu Bhoomishwarar Temple Rep. by its Executive Officer, Marakkanam, Villupuram District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 3 to consider and dispose the representation of the petitioner dated 21.05.2022 regarding removal of the seventh respondent name in the revenue 3/8

records within the stipulated time as fixed by this Hon'ble Court. For Petitioners : Mr.S.Kumaradevan For Respondents : Mr.S.Senthil Murugan for R1, R5 & R6 Special Government Pleader Mr.N.R.R.Arun Natarajan for R2, R3, R4 & R7 Special Government Pleader

O R D E R

This writ petition has been filed seeking issuance of Writ of Mandamus to direct the respondents 1 to 3 to consider and dispose the representation of the petitioner dated 21.05.2022 regarding removal of the seventh respondent name in the revenue records within the stipulated time as fixed by this Court.

2.The learned counsel appearing for the petitioners submitted that the petitioners and other families are residing in New S.No.430 and Old S.No.353 in Karipalayam, Marakkanam Taluk for more than 100 years and the said land is classified as Natham land, however, inadvertently, A Register appear in the name of the seventh respondent, thereby the petitioners made representation dated 21.05.2022 to the respondents 1 to 3 to cancel the patta issued in 4/8

favour of the seventh respondent and for re-classification of the land and the same was not considered. Hence, this Court may issue direction to the respondents 1 to 3 to consider the petitioners representation dated 21.05.2022 and to pass appropriate orders after giving opportunity to the seventh respondent. 3.Per contra, the learned Special Government Pleader submitted that earlier the petitioners made representation for issuance of patta without mentioning the survey number and some of the petitioners filed W.P.No.206 of 2024 seeking direction to the respondents 1 and 3 to consider and dispose of their representations dated 18.05.2022 and 21.05.2022 and vide order dated 19.01.2024, the said writ petition was dismissed as withdrawn and subsequently, the petitioners have filed this writ petition. He further submitted that admittedly the seventh respondent is the owner of the property and as against the ownership, if the petitioners want title, they have to approach the competent civil Court in the manner known to law. 4.Heard both sides and perused the materials available on record.

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5.Earlier, some of the petitioners have filed writ petition before this Court for the very same relief and the said writ petition was dismissed as withdrawn. Mere patta or adangal will not confer any title over the property. If at all the petitioners want to establish their title, they have to approach the competent civil Court in the manner known to law, instead, making representation to the respondents or filing writ petition is not maintainable.

6.The writ petition is dismissed. However, liberty is granted to the petitioners to work out their remedy before the competent civil Court, in the manner known to law. No costs. 01.09.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 The District Collector Villupuram District, Villupuram.

2 The Commissioner H.R.&C.E. Department, Nungambakkam, 6/8

Chennai - 600 034.

3 The Assistant Commissioner H.R.&C.E. Department, Villupuram, Villupuram District.

4 The Additional Commissioner(Enquiry) H.R.&C.E. Department, Villupuram, Villupuram District.

5 The Revenue Divisional Officer Tindivanam, Villupuram District.

6 The Tahsildar Marakkanam Taluk, Villupuram District.

7 Arulmighu Bhoomishwarar Temple Rep. by its Executive Officer, Marakkanam, Villupuram District.

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M.DHANDAPANI,J.

pri 8/8

01.09.2025 9/8