Balkees v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER Balkees ... Petitioner Vs.

1.The District Collector, Collectorate, Ramanathapuram District.

2.The Record Officer cum Tahsildar, Tahsildar Office, Vandikara Theru, Ramanathapuram Town, Ramanathapuram District.

3.Akbar Nisha Begum 4.Najira Begum 5.Mumtaj Begum 6.Noorjahan 7.Abdul Ghani 8.Mehrraj Nisha 9.R.Panjavarnam 10.Mariammal Page No. 1 of 6

11.Prakash M 12.Sagubar Ali 13.Kulthas Khan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the second respondent to dispose of the petitioner's application dated 28.08.2025 for entry as cultivating tenant in the Record of Tenancy under Sections 4(2) and 5(2) of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969 (Tamil Nadu Act 26 of 1969), in respect of the property bearing in Survey No.132/1 to an extent of 0.745 hectares in Old Patta No.331, New Patta No.44, (1 acre 84 cents) in Peravur Village, Ramanathapuram Taluk, Ramanathapuram District, within a time frame fixed by this Court. For Petitioner : Mr.S.Vashik Ali For R1 & R2 : Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second respondent to dispose of the petitioner's application dated 28.08.2025 for entry as a cultivating tenant in the Record of Tenancy under Sections 4(2) and 5(2) of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969 (Tamil Nadu Act 26 of 1969), in respect of the property bearing Survey No.132/1, to an Page No. 2 of 6

extent of 0.745 hectares (1 acre and 84 cents), comprised in Old Patta No. 331 and New Patta No.44, situated at Peravur Village, Ramanathapuram Taluk, Ramanathapuram District, within a time frame to be fixed by this Court.

2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself, dispensing with the notice to the third to thirteenth respondents, as no adverse orders are proposed to be passed against them.

3. The grievance of the petitioner is that the petitioner's father, late Karumban, had been cultivating the subject property as a tenant under Abdul Ghafoor, the father of the third to sixth respondents, from the year 1970 onwards. He cultivated paddy crops every year and harvested about 20 bags, out of which 10 bags were given to the said Abdul Ghafoor as the landlord's share and the remaining 10 bags were retained by him as his share. On 30.11.2012, Abdul Ghafoor executed a settlement deed in favour of his daughters, namely, the third to sixth respondents and requested them to permit the petitioner's father to continue as a tenant. The said respondents accepted the settlement and permitted continued Page No. 3 of 6

cultivation. Subsequently, the seventh respondent trespassed into the property claiming right under alleged sale deeds said to have been executed by the third to sixth respondents and attempted to evict the petitioner and her sister, Raihana.

4. Thereafter, the petitioner, along with her sister Raihana, submitted an application by way of representation dated 28.08.2025 under Sections 4(2) and 5(2) of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969 (Tamil Nadu Act 26 of 1969). The same was forwarded to the second respondent on 01.09.2025 requesting entry in the Record of Tenancy and protection of their rights as cultivating tenants. However, no orders have been passed till date. Hence, the petitioner has been constrained to file the present Writ Petition.

5. The learned Additional Government Pleader appearing for the first and second respondents, on instructions, would submit that the petitioner's application dated 28.08.2025 would be considered and appropriate orders would be passed by the second respondent within a period of sixteen weeks.

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6. Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the second respondent to consider the petitioner's application dated 28.08.2025 and pass appropriate orders on its merits and in accordance with law within a period of sixteen weeks from the date of receipt of a copy of this order. The application shall be disposed of after conducting an enquiry. The second respondent is also directed to provide a reasonable opportunity of hearing to the petitioner, the private respondents and any other interested parties who may be affected by such decision, before passing any order. There shall be no order as to costs. [K.SURENDER, J.] 18.02.2026 JEN Index : Yes / No To 1.The District Collector, Collectorate, Ramanathapuram District.

2.The Record Officer cum Tahsildar, Tahsildar Office, Vandikara Theru, Ramanathapuram Town, Ramanathapuram District.

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K.SURENDER , J.

JEN 18.02.2026 Page No. 6 of 6