Dharmaraj .S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.2486 of 2023 and W.M.P(MD)No.2264 of 2023 S.Dharmaraj, Son of Subbiah, President of Idaikkal Panchayat.

Door NO.8/4, South Street, Anaintha Nadar Patti, Idaikal Post, Ambasamudrm Taluk, ... Petitioner .Vs.

1.The District Collector, Office of the District Collector, 2.The Revenue Divisional Officer, Cheranmahadevi, 3.The Tahsildar, Ambasamudram Taluk, 1/6

4.R.Jegan 5.A.Muthu Saravanan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent for disposal of the appeal, dated 12.11.2022 filed under Section 12 of the Tamil Nadu Patta Passbook Act,1983.

For Petitioner : Mr.M.Mahaboob Fazil For Respondents : M/s.K.Malathi 1 to 3 Addl.Govt. Pleader For Respondent-4 : Mr.P.Edin Brough

O R D E R

The Writ Petition is filed seeking a direction to the second respondent to dispose of the appeal filed by the Petitioner dated 12.11.2022 under Section 12 of the Tamil Nadu Patta Passbook Act, 1983.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.According to the Petitioner, the subject property in S.No. 361/1 originally belongs to one Muthu Saravanan. He developed lay-out in the said survey number and executed a gift deed in respect of the open space in favour of Idaikal Panchayat. Suppressing the gift in favour of panchayat, he again sold the 2/6

property to one Sundara Mahalingam, who in turn had sold the said property to the fourth respondent. Based on the said document, patta has been mutated in the name of fourth respondent. Aggrieved by the same, the Petitioner submitted an appeal on 12.11.2022 seeking cancellation of the mutation in favour of fourth respondent and issuance of patta in the name of Panchayat. The same has not been considered till date. Hence the Petitioner is before this Court with the present Writ Petition for the relief stated supra.

4.The third respondent filed a counter stating that subsequent to the submission of the appeal filed by the Petitioner, the second respondent directed the third respondent to measure the property and to identify the encroachment if any. However, the petitioner has not produced any document executed in his favour. Therefore the measurement has not been taken place pursuant to the direction issued by the second respondent. 5.The Petitioner submitted an appeal challenging the mutation of revenue records in favour of fourth respondent. The said appeal has to be decided on merits based on the documents submitted by the Petitioner and fourth respondent. 3/6

6.In view of the same, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the appeal filed by the Petitioner, dated 12.11.2022 and pass final orders on its own merits after affording reasonable opportunity to the Petitioner and respondents 4 and 5, within a period of 8 weeks from the date of a copy of this order. Both parties are at liberty to file the documents before the second respondent. 7.With the above directions and liberty, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

09.07.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Office of the District Collector, 2.The Revenue Divisional Officer, Cheranmahadevi, 4/6

3.The Tahsildar, Ambasamudram Taluk, S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.2486 of 2023 and W.M.P(MD)No.2264 of 2023 5/6

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