Safia Usman v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP (MD) No.4498 of 2025 Safia Usman ... Petitioner Vs.

1. The District Collector, District Collector Office, Trichy District.

2. The District Revenue Officer, Office of the District Revenue Officer, Trichy District.

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Trichy District.

4. The Tahsildhar, Office of the Tahsildhar, Tiruverumbur, Trichy District - 620 601.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in Na.Ka.A6/1093/2024 dated 27.06.2024 and quash the same as illegal and consequently direct the respondents to re-classify the Petitioners land as Patta Land and remove the name of the 1/6

said Krishnan from the Patta No.954 and mutate her name alone in the Patta and other Revenue Records.

For Petitioner :Mr.S.I.Muthiah For Respondents :Mr.B.Saravanan Additional Government Pleader

O R D E R

The petitioner assails order dated 27.06.2024 of the second respondent rejecting the petitioner's request to delete the name of one R.Krishnan from the patta in relation to Survey No.295/10A and instead deleting the name of the petitioner from such patta.

2. Learned counsel for the petitioner submits that the petitioner's mother had purchased the property under sale deed dated 31.05.1973. Upon noticing that the patta was issued erroneously in the joint names of the petitioner and Krishnan, son of Raman, the petitioner had applied for rectification of the said patta. Learned counsel submits that both the Tahsildar and the Revenue Divisional Officer had submitted recommendations for the deletion of the name of Krishnan from the patta. In those circumstances, while the petitioner was awaiting an order 2/6

deleting the name of Krishnan, the impugned order was issued cancelling the patta in the name of the petitioner's mother.

3. Learned counsel also contends that the impugned order cannot be sustained because the order has been issued on the basis that Survey Nos.295/1, 295/2 and 295/3 were classified as 'Sarkar Poramboke Tharisu or Vaari' in the resettlement register of the year 1927. If that is the basis for cancelling the petitioner's patta, learned counsel contends that it should applied to the entire extent of 52.19 acres in old Survey Nos.295/1 to 295/3, which were subsequently subdivided into two Survey Nos.295/1A to 295/22.

4. At the previous hearing, learned Additional Government Pleader was directed to provide details of the current classification and pattadhars in respect of lands in Survey Nos.295/1A to 295/22. The said details have been provided by learned Additional Government Pleader. On perusal, it appears that only the lands in Survey Nos.295/2, 295/9B, 295/10A and 295/22 to have been reclassified as 'Arasu Poramboke', whereas all the other lands are being shown as 'Ryotwari Punja' and the names of the respective pattadhars are reflected.

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5. As contended by learned counsel for the petitioner, if the basis of reclassification is the pre-UDR classification of lands in Survey Nos. 295/1 to 295/3 as 'Sarkar Poramboke Tharisu or Vaari', it should apply equally to all the lands subsequently subdivided as Survey Nos. 295/1 to 295/22. The order impugned herein was issued without providing an opportunity to the petitioner to contest the cancellation of patta while dealing with an application to delete the name of R Krishnan from the petitioner's patta. Therefore, the matter requires reconsideration. Consequently, the impugned order is set aside and the matter is remanded to the District Revenue Officer for reconsideration. After providing a reasonable opportunity to the petitioner, a fresh order shall be issued within four months from the date of receipt of a copy of this order by taking note of the observations contained in this order.

6. This writ petition stands disposed of on the above terms. No costs. Consequently, connected miscellaneous petition is closed. 25.10.2025 NCC :No Internet :Yes Index :No PKN 4/6

To

1. The District Collector, District Collector Office, Trichy District.

2. The District Revenue Officer, Office of the District Revenue Officer, Trichy District.

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Trichy District.

4. The Tahsildhar, Office of the Tahsildhar, Tiruverumbur, Trichy District - 620 601.

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SENTHILKUMAR RAMAMOORTHY, J.

PKN 25.10.2025 6/6