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Madras High CourtWP(MD)/6744/2026partly allowed

Shenbagavalli v. The State Of Tamilnadu

2026-03-12Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12-03-2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY WP(MD) NO. 6744 of 2026 Shenbagavalli Petitioner(s) Vs

1. The State of Tamilnadu Rep by its Secretary Revenue Department Fort St.Geroge Chennai - 600009.

2. The District Collector Office of the District Collector Theni Theni District - 625531.

3. The Sub Collector Sub Collector Office Thamaraikulam Periyakulam Theni District - 625605.

4. The Tahsildar Office of the Tahsildar Theni Taluk Theni District - 625531.

Respondent(s) For Petitioner(s): Mr.M.Murugan For Respondent(s): Mr.T.Amjad Khan, Government Advocate Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the proceedings of the 3rd respondent / sub-collector Periyakulam in Na.Ka.En. 8948/2007/A1 dated 29.12.2007 insofar as it relates to and affects the petitioners land

measuring 1200 sq.ft in Survey No.178 (Town Survey No.6/5) Allinagaram Village, Theni District quash the same as illegal and void and consequently direct the 4th respondent / Tahsildar Theni Taluk, to restore the patta issued in favour of the petitioner within a time frame to be fixed by this Court.

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of the 3rd respondent / sub-collector Periyakulam in Na.Ka.En.8948/2007/A1 dated 29.12.2007 insofar as it relates to and affects the petitioners land measuring 1200 sq.ft in Survey No.178 (Town Survey No.6/5) Allinagaram Village, Theni District, to quash the same as illegal and void and consequently, to direct the 4th respondent / Tahsildar Theni Taluk, to restore the patta issued in favour of the petitioner within a time frame to be fixed by this Court.

2.Admittedly, there are two proceedings in RT.R.No.1301/2000-2001, dated 28.12.2001. In the Tahsildar proceedings, patta was issued to several persons in Survey Nos.178, 180 and 181, in which the petitioner is also granted patta in Survey No.178 subdivision 6/5, to an extent of 1200 square feet. After the said proceedings, subdivision number was also reassigned as 6/5B. Thereafter, one Annapillai had submitted an objection stating that the Survey No.180 to an extent of 0.57 1/2 cents and Survey No.181 to an extent of 1 acre 21.5 cents belongs to him, which was

purchased through sale deed Document No.448 of 1969, dated 12/03/1969, by the said Annapillai's husband. Therefore, she raised objection for allotting the said land to the landless poor and she sought to cancel the said proceedings. Especially, she sought to cancel only Survey No.180. Subsequently, after considering the said objection, the respondents have passed an order dated 29/12/2007 in Na.Ka.No. 8948/2007/A1. The allotment was cancelled in the said proceedings but the said proceedings unfortunately cancelled the entire allotment in Survey No.178. The Survey No.178 was not sought for cancellation by the said Annapillai. Hence, the petitioner is raising an objection.

3.The next objection by the petitioner is that even though the said Annapillai stated that Survey Nos.180 and 181 belongs to her, she sought to cancel only Survey No. 180.

4.After hearing the rival submissions, this Court is of the considered opinion when the said Annapillai has raised an objection only for Survey Nos.180 and 181, the entire proceedings for granting patta in RTR 1301/2000-2001, dated 28.12.2001 is cancelled which is erroneous. Therefore, the Tahsildar is directed to reissue the patta which was issued earlier in proceedings dated 28/12/2001. With this direction, the impugned order is set aside. The present order is passed as far as the petitioner is concerned. The said exercise shall be completed within a period of eight weeks from

the date of receipt of a copy of this order.

5.With the above observations, this Writ Petition is partly allowed. There shall be no order as to costs.

12-03-2026 Tmg To 1.Secretary Revenue Department Fort St.Geroge Chennai - 600009.

2. The District Collector Office of the District Collector Theni Theni District - 625531.

3. The Sub Collector Sub Collector Office Thamaraikulam Periyakulam Theni District - 625605.

4. The Tahsildar Office of the Tahsildar Theni Taluk Theni District - 625531.