Tmt.Jayarani @ Ganapathi Muthu v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.714 of 2019 1.Jayarani @ Ganapathi Muthu - Senthatti Veerammal Nachiar (Deceased) represented by Power of Attorney Agent K.P.S.Ponnusamy Pandian 2.Venagadasalapathy 3.Kulainthairani 4.Radha 5.Meena 6.Sankara Narayanan 7.Gomathi (P2 to P7 are LRs substituted in the place of Tmt. Jayarani @ Ganapathi Muthu Senthattai Veerammal Nachiar (Deceased) vide order made in WMP.No.20872 of 2019 dt 21.08.2019 by MKKSJ) ... Petitioners Vs.

1 The Commissioner Land Administration, Court of Wards Ezhilagam, Chepauk, Chennai - 600 005.

2 The District Collector, Chennai District O/o. The Collectorate Singaravelar Maligai, Chennai - 600 001.

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3 The District Collector, Tirunelveli District Office of the Collectorate Tirunelveli District.

4 R.Padmini Rani 5 T.Selvaraj ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the entire records of the first respondent herein relating to the order dated 30.03.2017 in proceedings No.K4/17065/2008 and quash the same and consequently direct the respondents herein to furnish the details of the properties with proper identity etc., to the petitioner herein. For Petitioners : Mr.S.Saravanan For Respondents: Mr.P.Ganesan for R1 to R3 Additional Government Pleader R4 - No Appearance R5 - Not Ready Notice

O R D E R

This writ petition has been filed seeking issuance of Writ of Certiorarified Mandamus, calling for the entire records of the first respondent relating to the order dated 30.03.2017 in proceedings No.K4/17065/2008 and quash the same and consequently direct the respondents to furnish the details of the properties with proper identity 2/6

etc., to the petitioner.

2.The learned counsel appearing for the petitioners submitted that one Gnanamani Ammal's son Ramalinga Varaguna Rama Pandia Chinna Thambiyar was the Zamindar of Sivagiri Zamin in Tirunelveli District. Apart form Zamin properties owned by the Zamindar, he owned and possessed vast extent of self acquired, family immovable properties and valuable gold, diamond and silver articles. At the time of enforcement of Act 26 of 1948, one Varaguna Chinna Thambiyar was the Zamindar. Prior to Act 26 of 1948 coming into force, the Sivagiri Zamin was taken over under the Court of Wards Act. The first petitioner made representation to the Government to furnish the list of properties taken over under the Court of Wards Act and the same was rejected vide impugned order. The learned counsel further submitted that the entire properties owned by Sivagiri Jamin was taken over by the Government under Act 26 of 1948, however, the details of the properties taken over by the Government was not furnished to the petitioners.

3.Heard the arguments advanced on either side and perused the materials available on record.

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4.Perusal of records disclose that there are series of litigations raised before various forum. However, the issue in the writ petition is as if zamin was abolished under Act 26 of 1948, however, Act 26 of 1948 is estate abolition Act and not zamin abolition Act. Even if the estate was taken over by the Government, the person who are in occupation of the estate is entitled to ask for patta within a period of six months or from extended period from the date of enactment of the Act, however without making such claim, making representation to the Government to furnish the details of the land taken over by the Government is not sustainable one. Even prior to Act 26 of 1948 coming into force, the Sivagiri Zamin was taken over under the Court of Wards Act and this was known to the petitioners. Hence, making representation to the Government is not sustainable one. 5.In view of the above, this Court is not inclined to grant the relief sought for in this writ petition. This writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

17.10.2025 pri Index: Yes/ No Speaking Order: Yes/ No 4/6

NCC: Yes/ No To 1 The Commissioner Land Administration, Court of Wards Ezhilagam, Chepauk, Chennai - 600 005.

2 The District Collector, Chennai District O/o. The Collectorate Singaravelar Maligai, Chennai - 600 001.

3 The District Collector, Tirunelveli District Office of the Collectorate Tirunelveli District.

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M.DHANDAPANI,J.

pri And W.M.P.No.714 of 2019 17.10.2025 6/6