Subramanian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Subramanian ... Petitioner Vs.

1.The District Collector, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram, 3.The Tahsildar, R.S.Mangalam Taluka Taluk, 4.Mahendran ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd respondent to cancel the patta in the name of 4th respondent's grandfather at Survey No.200/1 R.S.Mangalam Revenue Village, R.S.Mangalam Taluka, For Petitioner : Mr.B.Mahendrarajan For Respondents : Mr.A.Baskaran - for R1 to R3 Additional Government Pleader 1/4

ORDER

The petitioner herein seeking a direction to the respondents 1 and 2 to cancel the patta in the name of the fourth respondent in respect of Survey No. 200/1 situated in R.S.Mangalam, Revenue Village, R.S.Mangalam Taluk,

2. According to the petitioner, the grandfather of the fourth respondent filed a suit for declaration of title and injunction in respect of the above mentioned property in O.S.No.13/18 on the file of the District Munsif cum Judicial Magistrate Court, Thiruvadanai. The said suit was dismissed by the Civil Suit with a finding that grandfather of the fourth respondent failed to establish his right and possession over the subject property. The civil Court also rendered a finding that the subject property belonged to the Government and it had been under the possession and enjoyment of village residents of Keelakottai village. Based on the said finding rendered by the competent Civil Court, the petitioner submitted a representation before the respondent on 06.12.2024, seeking cancellation of patta of the subject property, issued in the name of the grandfather of the fourth respondent but the same has not been considered. Hence the petitioner has filed this writ petition. 2/4

3. Mr. A.Baskaran, learned Additional Government Pleader appearing for R1 to R3, would submit that based on the earlier representation submitted by the petitioner, the second respondent already initiated an enquiry and the same is pending disposal.

4. In view of the said submission made by the learned Additional Government Pleader appearing for the respondents 1 to 3, this Court is inclined to direct the second respondent to consider the representation of the petitioner dated 06.12.2024 and pass final orders on its own merits within a period of eight weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, fourth respondent and other legal heirs of Packiyathevar, if any.

5. Accordingly, this Writ Petition stands disposed of. No costs. 03.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No pnn 3/4

S.SOUNTHAR, J.

pnn To 1.The District Collector, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram, 3.The Tahsildar, R.S.Mangalam Taluka Taluk, 03.06.2025 4/4