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Madras High CourtWP(MD)/5357/2023disposed of

Kalarani S v. The District Collector

2025-07-02Honourable Mr Justice S. Sounthar7 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 02.07.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR and W.M.P.(MD)No.5021 of 2023 S.Kalarani ... Petitioner Vs

1. The District Collector, Sivagangai.

2. The Revenue Divisional Officer, Devakottai.

3. The Tahsildar, Karaikudi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to mutate the revenue entries for lands in S.No.51/1 measuring 56 cents and in S.No.51/3 measuring 3 cents covered under patta No. 1601, Palaiyur Village, Sakkottai Firka, Karaikudi Taluk, Sivagangai District to the name of Arukarai Vallambar Nattar Community to which petitioner also belong.

For Petitioner : Mr.VR.Shanmuganathan For Respondents : Mrs.K.Malathi, Addl. Govt. Pleader 1/7

O R D E R

The petitioner herein seeks a direction to the respondents to mutate the revenue entries in the name of Arukarai Vallambar Nattar Community in respect of the property situate in S.No.51/1 measuring 56 cents and S.No.51/3 measuring 3 cents covered under Patta No. 1601, Palaiyur Village, Sakkottai Firka, Karaikudi Taluk, Sivagangai District.

2. Heard the arguments of Mr.VR.Shanmuganathan, learned counsel for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents.

3. It is the case of the petitioner that the subject property belong to Arukarai Vallambar Nattar Community people of Palaiyur Village and they used to conduct festival and offer prayers in the said property. The patta for the said property stood in the name of six representatives of Arukarai Vallambar Nattar Community people. The persons in whose name patta was issued in the year 1979 are all dead. Therefore, the petitioner's husband Sivaperumal, who was one of the legal representatives of one of the representatives of the Arukarai Vallambar 2/7

Nattar Community filed a Writ Petition before this Court in W.P.(MD)No. 13273 of 2009, challenging the order passed by the Revenue Divisional Officer, Devakottai, cancelling the patta issued in the name of six representatives of Arukarai Vallambar Nattar Community people. The said Writ Petition was allowed with a direction to the second respondent to conduct fresh enquiry and pass final orders. Thereafter, the petitioner's husband Sivaperumal died due to Corana and hence, the matter has not been followed. Now the petitioner submitted a fresh representation on 07.11.2021, seeking issuance of patta in the name of representatives of Arukarai Vallambar Nattar Community people. The same has not been considered. Hence, the petitioner has come before this Court.

4. The learned Additional Government Pleader appearing for the respondents would submit that as on today, the patta for the subject property stands in the name of Palaiyur Village Pothu Trustee.

5. This Court already allowed the Writ Petition filed by the petitioner's husband with a direction to second respondent to conduct enquiry afresh and pass orders on the request of the petitioner. The same 3/7

has not been complied with. Therefore, the instant representation has been submitted by the petitioner seeking issuance of patta in the name of representatives of Arukarai Vallambar Nattar Community. The second respondent is expected to consider the representation of the petitioner dated 07.11.2021 and pass final orders on its own merits within a period of twelve (12) weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and other interested parties.

6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

02.07.2025 vsm Index: Yes/No Internet: Yes/No 4/7

To

1. The District Collector, Sivagangai.

2. The Revenue Divisional Officer, Devakottai.

3. The Tahsildar, Karaikudi.

5/7

S.SOUNTHAR, J.

vsm W.P (MD) No.5357 of 2023 6/7

02.07.2025 7/7