V.Sankararaj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH and WMP.No.46760 of 2025 V.Sankararaj .... Petitioner Vs 1.The District Collector Collectorate Office Erode I Floor, Theeran Chinnamalai Maligai Opposite Court, Perundurai Road Collectorate Building Erode District - 638 011.

2.The Revenue Divisional Officer Revenue Divisional Office Meenatchi Sundranar Road (Prab Road) Erode District - 638 001.

3.The Tasildhar Tasildhar Office New No.12, Old No.360 Erode Main Road Paneerselvam Park Erode District - 638 001.

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4.Arulmigu Mangalagiri Perumal Temple Suriyampalayam Rep by its Executive Officer Suriyampalayam Erode District.

.... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the impugned order of Patta No.2114, Survey No.61/1, 61/2, hec Acre about 5.65 cent issued by the second respondent dated 27.09.2024 and quash the same and consequently, direct the second respondent to issue the patta in the name of the petitioner as it stood prior to the impugned by considering the petitioner's representation dated 30.09.2024 proceedings and pass orders. For Petitioner : Ms.Thenmozhi Shivaperumal For Respondents : Mr.P.Ganesan Government Advocate for R1 to R3 Mr.K.Karthikeyan Government Advocate for R4

ORDER

This writ petition has been filed challenging the patta issued in the name of the fourth respondent with respect to the subject property.

2. Heard Ms.Thenmozhi Shivaperumal, learned counsel appearing for the 2/5

petitioner and Mr.P.Ganesan, learned Government Advocate appearing on behalf of respondents 1 to 3 and Mr.K.Karthikeyan, learned Government Advocate appearing for the fourth respondent.

3. The grievance of the petitioner is that, a second appeal is pending before this Court in CMP.No.4815 of 2023 in SA.SR.No.94965 of 2015 filed by him against the fourth respondent-temple and few others. During this period, the patta has been transferred in the name of the fourth respondent. Therefore, a representation has been made by way of legal notice dated 30.09.2024 to the second respondent. Since the same was not considered, the present petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the petitioner to submit a fresh representation before the second respondent along with all relevant documents. On receipt of the same, the second respondent after affording opportunity to the petitioner and the fourth respondent, shall take a final decision on the same, on its own merits and in 3/5

accordance with law, within a period of eight weeks from the date of receipt of fresh representation from the petitioner.

5. This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 05.11.2025 Index : Yes / No Speaking order / Non-speaking order ds To:

1.The District Collector Collectorate Office Erode I Floor, Theeran Chinnamalai Maligai Opposite Court, Perundurai Road Collectorate Building, Erode District - 638 011. 2.The Revenue Divisional Officer Revenue Divisional Office Meenatchi Sundranar Road (Prab Road) Erode District - 638 001.

3.The Tasildhar Tasildhar Office New No.12, Old No.360 Erode Main Road, Paneerselvam Park Erode District - 638 001.

N.ANAND VENKATESH,J.

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