Valliyammal v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Valliyammal W/o Late Palanisamy 2.Marimuthu S/o Late Karuppannan Petitioners Vs 1.The Sub Collector, Office of The Sub Collector, Tiruppur District.

2.The Tahsildar, Office of The Tahsildar, Palladam Taluk, Tiruppur District.

3.The Revenue Inspector (Land), Karadivadi Panchayat, Palladam Taluk, Tiruppur District.

4.The Village Administrative Officer, Office of The VAO, No.10, Karadivadi Village, 1/8

Palladam Taluk, Tiruppur District.

5.M.Shamugam S/o Late Pattinavidhan 6.M.Visvathai W/o Late Manian 7.M.Rampriya W/o.Late Manian 8.Lakshmipriya W/o Late Manian 9.D. Mugunthan S/o.Duraisamy and Late Mrs.Indhirapriyadharshini represented by his guardian/ grandmother, Mrs.Viswathal W/o.Late Manian Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records of the impugned memo vide Oo.Mu.3295/A4/2025 dated 20.08.2025 on the file of the second respondent and quash the same besides directing the second respondent to issue patta by changing the names of the existing Legal heirs of late Mr.Pattinavidhan i.e. petitioners and respondents 5 to 9 as per the order of the first respondent passed in Na.No.Ka.3204/2024/Aa3 dated 16.08.2024.

For Petitioners : Mr.S.Nagarajan For Respondents : Mr.C.Jayaprakash Government Advocate [R1 to R4] 2/8

*****

ORDER

This writ petition has been filed challenging the impugned memo dated 20.08.2025 issued by second respondent and for a consequential direction to second respondent to issue patta by changing the names of the existing legal heirs of late Mr. Pattinavidhan i.e. petitioners and respondents 5 to 9 as per the order of the first respondent dated 16.08.2024.

2. Heard Mr.S.Nagarajan, learned counsel for petitioners and Mr.C.Jayaprakash, learned Government Advocate appearing for respondents 1 to 4.

3. The grievance of the petitioners is that the subject property was allotted to one Pattinavidhan by way of conditional assignment proceedings dated 19.12.1973 by the competent authority. Patta was also issued in Patta No.180 and mutation took place in the name of fifth 3/8

respondent, who is the son of Pattinavidhan. Twenty years period came to an end on 19.12.1993. After the demise of Pattinavidhan, his legal heirs/petitioners are in absolute possession and enjoyment of the property. The grievance of the petitioners is that revenue records were mutated only in the name of one legal heir viz.,Shamugam/fifth respondent and the names of other legal heirs were left out. Hence, an application was submitted before the second respondent seeking inclusion of the names of other legal heirs. The second respondent, through the impugned memo dated 20.08.2025, asked the parties to approach the second respondent after disposal of the pending suit. Aggrieved by the same, the present writ petition has been filed before this Court.

4. In the considered view of this Court, there is a pending suit between the parties in O.S.No.176 of 2022 before the Sub Court, Palladam. Hence, the parties will have to establish their right in the suit. It is made clear that issuance of patta exclusively in the name of fifth respondent by itself cannot be a determining factor and the parties are 4/8

expected to establish their rights independently. Therefore, the civil Court will not be swayed by the issuance of patta in the name of fifth respondent. This clarity will sufficiently take care of the grievance expressed by petitioners. No further orders can be passed in this case. Depending upon the result in the suit, it is left open to the parties to approach the revenue authorities and seek for necessary changes in the revenue records.

This writ petition is disposed of in the above terms. No costs. 24.11.2025 Index:yes/no Speaking order/Non-speaking order gm 5/8

To 1.The Sub Collector, Office of The Sub Collector, Tiruppur District.

2.The Tahsildar, Office of The Tahsildar, Palladam Taluk, Tiruppur District.

3.The Revenue Inspector (Land), Karadivadi Panchayat, Palladam Taluk, Tiruppur District.

4.The Village Administrative Officer Office of The VAO, No.10, Karadivadi Village, Palladam Taluk, Tiruppur District.

6/8

N.ANAND VENKATESH, J.

gm 7/8

24.11.2025 (2/2) 8/8