Ravikumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition(MD)No.13675 of 2023 Ravikumar ..Petitioner Vs 1.The District Collector, O/o the District Collector, Theni District.
2.The District Revenue Officer, District Collector Office, Theni District, Theni.
3.The Sub Collector, Sub Collector Office, Thamaraikulam, Periyakulam, Theni District.
4.The Revenue Divisional Officer, Periyakulam, Theni District.
5.The Tahsildar, Andipatti, Theni District.
6.C.Ravi ..Respondents 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 4 and 5 to consider the petitioner's representation dated 04.06.2022 to cancel the patta issued by the 5th respondent in favour of the 6th respondent in Patta No.1933 in the properties belongs to the petitioner's father named Aurachie.
For Petitioner : Mr.G.S.Senthilkumar For Respondents : Mr.A.Baskaran Addl. Govt. Pleader (for R1 to R5) No appearance (for R6)
ORDER
The writ petition is filed seeking a direction to respondents 4 and 5 to consider the representation of the petitioner dated 04.06.2022 seeking cancellation of the patta issued in favour of the sixth respondent in patta No.1933.
2. It is the case of the petitioner that the subject property belongs to his father, Aurachie, and the revenue documents originally stood in the name of the petitioner's father. Recently, the petitioner came to know that in the revenue documents, the names of the petitioner's sister's husband and his daughter, Pratiksha, are included. Hence, the petitioner submitted the instant representation before the respondents 4 and 5, seeking deletion of the names of the 6th respondent and his daughter. The same has not been considered. Hence, the petitioner has come before this court. 2/5
3. The learned counsel appearing for the petitioner contended that the 6th respondent and his daughter filed a civil suit for partition in O.S.No.272 of 2021 on the file of the District Munsif Court, Theni. While the said suit was pending, the mutation had taken place. Therefore, the same is liable to be cancelled.
4. It is seen from the averments found in the representation of the petitioner that his father died in the year 2006 and his sister died in the year 2020. After the death of the petitioner's father, the sister of the petitioner is entitled to an equal share along with other heirs. She died in the year 2020. Therefore, the 6th respondent and his daughter are entitled to represent the estate of the petitioner's sister. In such circumstances, prima facie, there is nothing wrong in including the name of the 6th respondent and his daughter in the joint patta along with the name of the petitioner and other legal heirs. If the petitioner succeeds in the civil suit, it is always open to him to approach the revenue authorities seeking deletion of the names of the 6th respondent and his daughter.
5. With this clarification, this writ petition stands disposed of. No costs.
29.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5
To 1.The District Collector, O/o the District Collector, Theni District.
2.The District Revenue Officer, District Collector Office, Theni District, Theni.
3.The Sub Collector, Sub Collector Office, Thamaraikulam, Periyakulam, Theni District.
4.The Revenue Divisional Officer, Periyakulam, Theni District.
5.The Tahsildar, Andipatti, Theni District.
4/5
S.SOUNTHAR, J.
skn Writ Petition(MD)No.13675 of 2023 29.07.2025 5/5