S.Ubaidur Rehman v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.Ubaidur Rehman ... Petitioner Vs.
1. The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.
3.The Tahsildar, Ramanathapuram District, Ramanathapuram.
.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 2nd respondent to dispose of the appeal, dated 29.11.2024 filed by the petitioner to cancel the individual patta Nos.1709 and 1503 issued and to restore joint UDR patta Nos.143 and 168.
For Petitioner : Mr.J.R.Annie Abinaya For Respondents : Mrs.S.Jeyapriya Government Advocate
ORDER
The petitioner herein seeks a direction to the second respondent to dispose of the appeal dated 29.11.2024 filed by the petitioner seeking cancellation of Patta Nos.1709 and 1503 issued in favour of one Tippu Sultan in respect of property situated in Survey Nos.148/2 and 145/2, Pudumadam Revenue Village, Ramanathapuram Taluk, Ramanathapuram District.
2.Heard the arguments of Mr.J.R.Annie Abinaya, learned counsel appearing for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate appearing for the respondents. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. 3.It is case of the petitioner that the subject property belongs to petitioner's mother and her siblings, including one Jesila Beevi. The said
Jesila Beevi executed a gift deed in favour of her son Tippu Sulthan as if she got right over the entire property. Based on the said document, the patta for the subject property has been exclusively transferred in favour of Tippu Sulthan. Therefore, the petitioner submitted an appeal on 29.11.2024 before the second respondent seeking cancellation of the exclusive patta issued in favour of Tippu Sulthan and restoration of joint patta in the names of petitioner's mother and others. The said appeal has not been considered. Hence, the petitioner has come before this Court. 4.The learned Government Advocate appearing for the respondents 1 to 3 would submit that the appeal filed by the petitioner has already been taken on file and a report has been called for from the third respondent.
5.In view of the said submissions made by the learned Government Advocate appearing for the respondents, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the appeal filed by the petitioner dated 29.11.2024 and pass final orders on its own merits, within a period of twelve weeks from the date of
receipt of a copy of this order, after issuing notice petitioner, the legal heirs of Tippu Sulthan, who is said to be no more and other interested parties. Accordingly, this Writ Petition is disposed of. No costs. 18.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To
1. The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.
3.The Tahsildar, Ramanathapuram District, Ramanathapuram.
S.SOUNTHAR ,J cp Dated: 18.06.2025