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Madras High CourtWP(MD)/9788/2026disposed of

R.Paulpandi v. The District Collector

2026-04-08Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY WP.(MD) NO. 9788 of 2026 R.Paulpandi ....Petitioner Vs

1. The District Collector, Theni District.

2. The District Revenue Officer, Theni.

3. The Revenue Divisional Officer, Periyakulam, Theni.

4. The Tahsildar Periyakulam Taluk Office, Theni District.

...Respondent(s)

For Petitioner(s): Mr.C.Mahadevan For Respondent(s): Mr.D.Gandhiraj Special Government Pleader For R-1to R-4 Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 4th Respondent herein to forthwith transfer the patta in favour of the petitioner as per his representation dated 24.02.2026 in respect of the plots in survey No.1232 of Vadaveera Nayakkanpatty, Vadapudupatty Village, Theni District.

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 4th Respondent herein to forthwith transfer the patta in favour of the petitioner as per his representation dated 24.02.2026 in respect of the plots in survey No.1232 of Vadaveera Nayakkanpatty, Vadapudupatty Village, Theni District.

2.1.The brief facts of the case are that the properties comprised in Survey No. 1232 measuring 3 grounds and 51 cents of land of Vadaveera Nayakkanpatty. Vadapudupamy Village, Theni District, originally belonged to one Navaneethan. He had sold the entire extent under a registered sale deed dated 24.04.1982 in favour of one Sakunthalal and the said Sakunthalal had sold the entire extent under a registered sale deed dated 14.09.1990 in favour of Dhanalakshmi and patta for the said survey number was also transferred in the name of the said Dhanalakshmi. The entire property was converted into house plots and thereafter was sold to various persons. 2.2.While so, when the Government tried to interfere with the peaceful possession and enjoyment of the respective owners, the owners of various plots filed a suit in O.S.No.324 of 2000 praying for a Declaration and Injunction. The said suit was also contested by the Defendants therein viz. the Respondents herein and by

judgment and decree dated 27.01.2003, the suit was decreed. Aggrieved over the same, the Respondents herein filed an appeal in A.S.Nos.11 to 19 of 2009 on the file of the Subordinate Judge, Periyakulam. The said appeals were dismissed by the judgment and decree dated 09.10.2009. Aggrieved over the same, Respondents herein had filed a second appeal before this Court in S.A.(MD) No. 1129 of 2011 and by judgment dated 11.01.2012,the Second Appeal was dismissed and the judgment has attained finality.

2.3.While so, since the patta was not transferred in the name of the respective purchasers from the name of the original owner Dhanalakshmi, an application was made by K. Pandian in the year 2017 for transfer of all the patta. The 2nd Respondent in his the proceedings in August, 2018 observed that all the civil disputes were ended in favour of the petitioner's vendor, orders have been passed and the entire property have been divided into plots and sale deeds have also been registered. Subsequently, when the petitioner's vendor presented the sale deeds for registration, the same was also refused and a writ petition was filed by K.Pandiyan in W.P.(MD)No.5688 of 2023 challenging the refusal check slip. The said writ petition was allowed and the Sub-Registrar, Theni, was directed to register the sale deeds presented within a period of one week.

2.4.Thereafter, the petitioner herein had purchased various plots in the property consisting of 3 acres and 51 cents in Survey No.1232. Subsequent to the purchase, petitioner herein is in the possession and enjoyment of those plots in the property. The petitioner had made representation to the respondents herein on 24.02.2026 requesting for the transfer of patta in the name of the petitioner. The said representation has also been received by the respondents on 25.02.2026. However, till date, the same not been considered and the patta has not been transferred in the name of the petitioner. The dispute between the petitioner's vendor and the respondents have already been decided and this Court has found the title in favour of the original owners in respect of the entire property consisting 3 acres and 51 cents in Survey No.

1232 of Vadaveera Nayakkanpatty, Vadapudupatty Village, Theni District. Since the patta has not been transferred to the petitioner's name, the petitioner is not able to enjoy the property effectively by developing or doing construction in the property. Hence, the present writ petition is filed. 3.Therefore, this Court is directing the 4th respondent to consider the petitioner's representation, dated 24.02.2026 after issuing notice to the petitioner and the rival claimants, if any, conduct an enquiry and pass orders in accordance to law within a period of four months from the date of receipt of a copy of this order.

4.With the above observations, this Writ Petition is dispose of. There shall be no order as to costs.

08.04.2026 Tmg To

1. The District Collector, Theni District.

2. The District Revenue Officer, Theni.

3. The Revenue Divisional Officer, Periyakulam Theni.

4. The Tahsildar Periyakulam Taluk Office, Theni District.