Nallasamy .K v. The District Revenue Officer Cum

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 27.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR and W.M.P.(MD)No.5478 of 2023 K.Nallasamy ... Petitioner Vs

1. The District Revenue Officer Cum, Additional District Magistrate,Dindigul.

2. The Revenue Divisional Officer, Palani, Dindigul District.

3. The Tahsildar, Vedasanthur Taluk, Vedasanthur, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 1st Respondent in Na.Ka.No. 22231/2022/Aa6 dated 31.12.2022 and quash the same as illegal and consequently directing the Respondents to grant patta to the petitioner for the landed property comprised in Survey No.1636/5 in an extent of 50 cents situated at Vadamadurai Village, Vedasanthur Taluk, Dindigul District within the time frame that may be stipulated by this Court.

For Petitioner : Mr.RR.Kannan For Respondents :(*)Mr.R.Baskaran,A.A.G.

assisted by Mr.M.Gangatharan, Govt. Advocate 1/5

O R D E R

This Writ Petition is filed challenging the order passed by the first respondent negativing the request of the petitioner seeking issuance of patta in respect of the property situate in S.No.1636/5 with an extent of 50 cents in Vadamadurai Village, Vedasanthur Taluk, Dindigul District.

2. Heard the arguments of Mr.R.R.Kannan, learned counsel for the petitioner and (*)Mr.R.Baskaran, learned Additional Government Pleader, assisted by Mr.M.Gangatharan, learned Government Advocate appearing for the respondents.

3. According to the petitioner, the above said property was purchased by him in a Court auction sale. It is the case of the petitioner that the subject property originally belonged to Vadamadurai Block Agro Engineering and Service Cooperative Centre Limited. It is the further case of the petitioner that one Syed Mohammed, filed a suit for recovery of salary arrears against Vadamadurai Block Agro Engineering and Service Cooperative Centre Limited in O.S.No.1220 of 1995, on the file of Additional District Munsif Court, Madurai. The subject property was brought in Court auction sale. The petitioner participated in the auction and declared as a successful bidder. After remittance of the entire auction amount by 2/5

the petitioner, a sale certificate was issued in favour of the petitioner. Thus, the petitioner claims rights over the subject property. He filed an application before the first respondent seeking mutation of revenue records. The request of the petitioner has been rejected by the first respondent on the ground that the subject property is classified as a Government Poramboke in the revenue records and hence, the patta could not be issued in his favour.

4. A perusal of the 'A' register enclosed in the typed set of papers would indicate that the subject property in S.No.1636/5 is classified as a Government poramboke. Though the name of Vadamadurai Block Agro Engineering and Service Cooperative Centre Limited is also referred to in the 'A' register, the fact remains the property is classified as Government poramboke. The petitioner has not produced any document to prove title of judgment debtor/Vadamadurai Block Agro Engineering and Service Cooperative Centre Limited. The sale certificate issued in favour of the petitioner would indicate that he purchased land together with building. The Court auction purchaser cannot get a better title than the one available with judgment debtor. In the case on hand, there is nothing to establish the title of judgment debtor over land in S.No.1636/5, which is classified as Government poramboke in 'A' Register. The classification "Government 3/5

Poramboke" indicates that the land has not been assessed to tax and no patta has been issued.

5. In the circumstances, I do not find any reason to interfere with the order passed by the first respondent. Therefore, this Writ Petition stands dismissed. However, it is open to the petitioner to establish his right and title before the civil Court and then approach the revenue authorities for mutation of revenue records. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) (*)Corrected as per order of this Court dated 16/07/2025 made in WP(MD)No. // True Copy // /02/2025 Sub Assistant Registrar(CS) vsm To

1. The District Revenue Officer Cum, Additional District Magistrate, Dindigul.

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2. The Revenue Divisional Officer, Palani, Dindigul District.

3. The Tahsildar, Vedasanthur Taluk, Vedasanthur, Dindigul District.

+1 CC to M/s.RR.KANNAN, Advocate ( SR-38169[F] dated 27/06/2025 ) +1 CC to M/s.SPL.GP ( SR-38257[F] dated 30/06/2025 ) W.P (MD) No.5895 of 2023 27.06.2025 MGJ (06.08.2025) 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023 5/5