Madras High CourtWP(MD)/9285/2026disposed of

Irulappapandiyan v. The District Collector

2026-06-02Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-06-2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY WP(MD) NO. 9285 of 2026 Irulappapandiyan Petitioner(s) Vs

1. The District Collector Tenkasi, Tenkasi District.

2. The Tahsildar Aalangulam Taluk Tenkasi District.

3. The Surveyor Office of The Tahsildar Aalangulam Taluk Tenkasi District.

4. Saravanan

5. Muthuraj Respondent(s) For Petitioner(s): Mr.M.Sankar For Respondent(s): Mr.I.Pinaygash, Counsel for State of Tamil Nadu For R1 To R3 Mr.ANANTH C RAJESH For R4 & R5 Prayer:

Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the 2nd respondent to cancel the Patta No. 3112 in S.No.210/5A to extent of 3 Acres 80 Cent in total area of 7 Acres 40 Cent in Kavalakurichi Village, Alangulam Thaluk, Tenkasi District which are issued in favour of the 4, 5th respondent and to issue separate patta in the name of petitioner on basis of the petitioner's representation dated 11.08.2025.

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 2nd respondent to cancel the Patta No.3112 in S.No.210/5A to extent of 3 Acres 80 Cent in total area of 7 Acres 40 Cent in Kavalakurichi Village, Alangulam Thaluk, Tenkasi District which are issued in favour of the 4, 5th respondent and to issue separate patta in the name of petitioner on basis of the petitioner's representation dated 11.08.2025.

2. The contention of the petitioner is that as early as 1938, there was a suit filed by one Nambisamy Iyer in O.S.No.7 of 1938 on the file of Sub Court, Tirunelveli against one Ponnambalam. The said suit ended in favour of the said Nambisamy Iyer. Thereafter, he sold the property to one Lakshmana Pandi. The further contention of the petitioner is that the 4th and 5th respondents were no way connected with the property but their names were entered in the patta. The said patta was transferred in the name of 4th and 5th respondents without issuing notice to the petitioner or any other persons who are tracing title through Nambisamy Iyer. Aggrieved over the same, the present writ petition is filed.

3.The Learned Counsel appearing for the 4th and 5th respondents submitted that since their names were entered, appeal has to be filed. 4.This Court is of the considered opinion that if the patta was transferred without

issuing notice to the petitioner, the Tahsildar has to hear the same. Therefore, the Tahsildar is directed to consider the petitioner's representation dated 11.08.2025, after issuing notice to the petitioner as well as to the respondents 4 an 5 and also to all other rival claimants, if any and thereafter, pass appropriate orders in accordance to law within a period of three months from the date of receipt of a copy of this order. 5.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

02-06-2026 Tmg To

1. The District Collector Tenkasi, Tenkasi District.

2. The Tahsildar Aalangulam Taluk Tenkasi District.

3. The Surveyor Office of The Tahsildar Aalangulam Taluk Tenkasi District.