Madras High CourtWP(MD)/6369/2023closed

Vijayalakshmi. J v. The District Collector

2025-07-28Honourable Mrs Justice S.Srimathy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025

CORAM:

THE HONOURABLE MRS JUSTICE S.SRIMATHY W.P.(MD) Nos.6369 of 2023 & 11612 of 2022 and W.M.P(MD)Nos. 8208 of 2022 & 6024 of 2023 W.P.(MD) No.6369 of 2023 Vijayalakshmi ... Petitioner Vs.

1. The District Collector, Office of the Collectorate, Tiruchirappalli District.

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

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Srirangam Taluk, Tiruchirappalli District.

4. The District Registrar, Office of the District Registrar, Registration Department, Tiruchirappali District.

5. The Tahsildar, Office of the Tahsildar, Srirangam Taluk, Tiruchirappalli.

6. The Sub Registrar, K.Santhanur Sub Registrar Office, Tiruchirappalli.

7. Vadivel

8. V.Savithiri ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents 1 to 6 to consider the representation of the petitioner dated 01.10.2022 by restraining the Respondents 1 to 6 in anyway awarding the acquisition compensation to the private Respondents 7 and 8 till the disposal of the writ petition in WP(MD) No.11612 of 2022. For Petitioner :

M/s.Ramsundarvijayan For Respondents :

Mr.S.Shanmugavel, Additional Government Pleader, for R-1 to R-6 Mr.D.Baskar, for R-7 & R-8 W.P.(MD) No. 11612 of 2022

1. Vadivel

2. V.Savithiri ..

Petitioners Vs.

1. The District Revenue Officer, Tiruchirappalli District.

2. The Revenue Divisional Officer, Srirangam Taluk, Tiruchirappalli.

3. The Tahsildar, Srirangam Taluk, Tiruchirappalli.

4. Vijayalakshmi

5. T.Murugesh ..

Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for records and quash the impugned order issued by the 1st respondent in his proceedings in Na.Ka.85/30344/2020 dated 01.06.2022 and quash the same and consequently directing the respondents to drop all further proceedings.

For Petitioner :

M/s.S.Raja Jeya Chandra Paul For Respondents :

Mr.S.Shanmugavel, Additional Government Pleader, for R-1 to R-3 Mr.S.Ramsundarvijayaraj

COMMON ORDER W.P(MD)No.6369 of 2023 is filed seeking direction to the Respondents 1 to 6 to consider the representation of the petitioner dated 01.10.2022 by restraining the Respondents 1 to 6 in anyway awarding the acquisition compensation to the private Respondents 7 and 8 till the disposal of the writ petition in WP(MD) No.11612 of 2022. WP(MD) No.11612 of 2022 is filed for writ of Certiorarified Mandamus, to quash the impugned order issued by the 1st respondent in his proceedings dated 01.06.2022 and consequently directing the respondents to drop all further proceedings.

2. The brief facts are that the petitioners purchased the property from one Edward Mathuram and the private respondents purchased the property from one George Mathuram. Admittedly, the property originally belonged to one Mathuram. After the demise of Mathuram, the legal heirs inherited the property. Although there was a

division of properties, a dispute has now arisen regarding which portion of the land belongs to which legal heir. Consequently, the subsequent purchasers are disputing their respective titles. The revenue authorities, however, do not have the jurisdiction to ascertain the title of the parties.

3. In the present case, the sale deed executed in favour of the petitioners has been set aside by the revenue authorities, which is beyond their power and jurisdiction. Therefore, the impugned order is liable to be quashed.

4. Accordingly, the impugned orders are quashed. The revenue authorities are directed to retain the Patta in the name of Mathuram, the original owner. The aggrieved parties are at liberty to approach the competent civil court for determination of their respective rights. Until such determination is made, the Patta shall remain in the name of Mathuram. Any alienation of the property after the date of this order shall be at the risk of the parties involved.

5. With these observations, these W.P(MD)No. 6369 of 2023 is closed and W.P(MD)No.11612 of 2022 is allowed. No Costs. Consequently, connected miscellaneous petitions are closed. 28.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes KSA