Magendran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN Magendran ....

Petitioner Vs 1.THE DISTRICT COLLECTOR , TIRUVANNAMALAI DISTRICT 2.THE REVENUE DIVISIONAL OFFICER, CHEYYARU TALUK, TIRUVANNAMALAI DISTRICT 3.THE TAHSILDAR, OFFICE OF TAHSILDAR, CHEYYARU TALUK, TIRUVANNAMALAI DISTRICT 4.C.N. SUDARSANAN 5.M. DHANASEKARAN ....

Respondents Prayer :

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd Respondent to consider the representation of the Petitioner dated 28.12.2024 and consequentially direct the 2nd Respondent to re-issue the Cowle Patta in respect of Survey No.45/1, 46/2, 49/1, 49/2C, 49/3, and 50 in favour of the petitioner and cancel the patta in respect of 4th and 5th Respondents within a limited time frame as fixed by this Court.

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For Petitioner : Mr.D.Hariharasudhan For Respondents For R1 to 3 : Mr.D.Ravichander, Special Government Pleader For R5 : Mr.K.G.Senthil Kumar

ORDER

This writ petition has been filed for direction to the second respondent to consider the representation submitted by the petitioner dated 28/12/2024 requesting to issue cowle Patta in respect of the property comprised in Survey No.45/1, 46/2, 49/1, 49/2C, 49/3, and 50 situated at Mahajanampakkam Village, Cheyyaru Taluk, Tiruvannamalai District. 2.

The case of the petitioner is that his ancestor was issued cowle Patta in respect of the subject property on 27.07.1876. While being so, some of the villagers obtained DKT patta in respect of very same property. Therefore, the petitioner's father approached the civil court in OS.No.273 of 2009 for declaration and it was decreed by the judgment dated 29.04.2010. On the strength of the decree, the petitioner submitted representation before the revenue authorities seeking re-issuance of cowle Patta for the subject property.

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3.

The learned counsel for the fifth respondent submitted that the petitioner's father filed suit in OS No.273 of 2009 for declaration declaring that the DKT pata No.36/401 dated 11.03.1992 as null as void. He obtained ex parte decree. However, the fifth respondent or his vendor was not a party to the suit filed by him. That apart, DKT number also differed from the subject property. DKT Patta No.35/1401 was granted in favour of one Sampangi who is the vendor of 'A' schedule property. DKT patta No.59/1407 was granted in favour of one, Selvam who is the vendor of 'B' schedule property. The fifth respondent purchased 'A' and 'B' schedule property from Sampangi and Selvam. Thereafter, the fifth respondent filed suit in OS No.

112 of 2016 on the file of Sub Court, Cheyyur for declaration declaring that the judgment and degree obtained by the petitioner's father in OS No.273 of 2009 as null and void. The said suit has now been decreed by the judgment and degree dated 10.10.2025 in favour of the fifth respondent. That apart, the petitioner requested re-issuance of patta in respect of a huge extent of property comprised in Survey No.45/1, 46/2, 49/1, 49/2C, 49/3, and 50 situated at Mahajanampakkam Village, Cheyyaru Taluk, Tiruvannamalai District.

cannot be considered. As such, this writ petition itself is devoid of merits and the same liable to be dismissed.

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Accordingly, this writ petition is dismissed. There shall be no order as to costs.

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To 1.THE DISTRICT COLLECTOR , TIRUVANNAMALAI DISTRICT 2.THE REVENUE DIVISIONAL OFFICER, CHEYYARU TALUK, TIRUVANNAMALAI DISTRICT 3.THE TAHSILDAR, OFFICE OF TAHSILDAR, CHEYYARU TALUK, TIRUVANNAMALAI DISTRICT 5/6

G.K.ILANTHIRAIYAN, J.

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