Paramasiva Thevar.S v. The District Collector

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 13.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR S.Paramasiva Thevar ... Petitioner Vs

1. The District Collector, Collectorate, Tuticorin District, Tuticorin

2. The Revenue Divisional Officer, Revenue Divisional Office, Tuticorin, Tuticorin District.

3. The Tashildar, Srivaikundam Taluk Office, Srivaikundam, Tuticorin District.

4. Chidamparaththevar ... Respondents (R4 impleaded vide Court order dated 28.07.2022 in W.M.P.(MD)No.11426/2022) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to not to create further Pattas on the basis of the representation dated 05.10.2021.

For Petitioner : Mr.B.Char Murugan For Respondents : Mrs.K.Malathi, Addl. Govt. Pleader for R1 to R3 1/4

O R D E R

The petitioner herein seeks a direction to the respondents not to issue further pattas in respect of the subject property, by considering his representation dated 05.10.2021.

2. Heard the arguments of Mr.B.Char Murugan, learned counsel for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 1 to 3.

3. It is the case of the petitioner that the properties situate in S.Nos. 122/11, 124, 125 and 126/1 in Manakarai Village, Srivaikundam Taluk are his ancestral properties. According to the petitioner, now he has been in possession and enjoyment of the same as descendant of the original owner. It is further stated that the 4th respondent herein, based on certain forged registered documents, obtained patta in his name in Patta Nos. 1133, 1147 and 847, in respect of the subject properties. Since the 4th respondent attempted to get subdivision and further pattas based on the alleged forged documents, the petitioner submitted a representation before the first respondent on 05.10.2021, requesting him not to issue any further patta in favour of the 4th respondent. The said representation 2/4

has not been considered. Therefore, the petitioner has come before this Court.

4. Even as per the representation submitted by the petitioner, the 4th respondent obtained patta based on certain registered documents. Without challenging the registered documents in favour of 4th respondent, it is not open to the petitioner to object mutation of revenue records based on those registered documents. Therefore, this Court is not inclined to issue a direction to the respondents to consider the representation submitted by the petitioner dated 05.10.2021.

5. Accordingly, this Writ Petition stands dismissed. However, it is open to the petitioner to challenge the registered documents in favour of the 4th respondent, if he so advised, subject to law of limitation. There shall be no order as to costs.

13.06.2025 vsm Index: Yes/No Internet: Yes/No 3/4

S.SOUNTHAR, J.

vsm To

1. The District Collector, Collectorate, Tuticorin District, Tuticorin

2. The Revenue Divisional Officer, Revenue Divisional Office, Tuticorin, Tuticorin District.

3. The Tashildar, Srivaikundam Taluk Office, Srivaikundam, Tuticorin District.

W.P (MD) No.15566 of 2022 13.06.2025 4/4