S. Sudalai Muthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI S.Sudalai Muthu ... Petitioner Vs.

1. The District Collector District Collector Office, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi District, Tenkasi.

3.The Tahsildar Tahsildar Office, Alangulam, Tenkasi District.

4 J.Jebamani Danraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 3 to cancel the Patta issued in the name of the 4th respondent in respect of the properties in S.No. 61/1F1, to an extent of 21 ares, situate at Nagalkulam, Pethanadarpatti II Village, Alangulam Taluk, Tenkasi District within the time stipulated by this Court.

1/4

For Petitioner : Mr.P.Murugesan For Respondents : Mr.C.Satheesh Government Advocate for R1 to R3 : Mr.T.Lenin Kumar for R4

ORDER

The petitioner seeks issuance of writ of mandamus, to direct the respondents 1 to 3 to cancel the patta issued in the name of the fourth respondent.

2. It is the case of the writ petitioner that the impugned order came to be passed without hearing the petitioner.

3. On going through the records and the affidavit filed in support of the writ petition, it is seen that the petitioner has no right or title interest in the subject land. It is only his mother, viz.,Subbulakshmi, whose name is included in the joint patta bearing No.1063. Therefore, if at all any person can be aggrieved, it can be the petitioner's mother and not the petitioner. The writ petitioner has not approached this Court on the basis of any power of attorney issued by his mother, to initiate the present writ petition.

2/4

4. In view of the above, I am unable to entertain the writ petition and issue any direction to the respondents as prayed for. Hence, this Writ Petition is dismissed. However, it is open to the mother of the petitioner to make an appropriate application before the revenue authorities and if and when filed, the same can be considered on merits and in accordance with law, after hearing the parties concerned. There shall be no order as to costs.

Index : Yes / No NCC : Yes / No 05.03.2025 LS To

1. The District Collector District Collector Office, Tenkasi District, Tenkasi.

2. The Revenue Divisional Officer Revenue Divisional Office, Tenkasi District, Tenkasi.

3. The Tahsildar Tahsildar Office, Alangulam, Tenkasi District.

3/4

P.B. BALAJI , J.

LS Order made in Dated:

05.03.2025 4/4