R.Jeyalakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2025

CORAM

THE HON'BLE MR.JUSTICE S.SOUNTHAR W.P.(MD)No.16637 of 2025 R.Jeyalakshmi ... Petitioner Vs 1.The District Collector, Office of the District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sivakasi Division, Virudhunagar District.

3.The District Registrar, Office of the District Registrar, Virudhunagar District.

4.The Tahsildar, Sivakasi Taluk Office, Virudhunagar District.

5.The Sub Registrar, Thiruthangal Sub Registrar Office, Sivakasi, Virudhunagar District.

6.The Village Administrative Officer, Anaikuttam Village, Sivakasi Taluk, Virudhunagar District.

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7.N.Sathiyanathan 8.S.Kalaiselvi

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to direct to the 2nd to 6th respondents herein to recover the petitioner deceased husband joint Patta land property comprised in S.No.177/5, Patta No.490, situated at Anaikuttam Village, Thiruthangal Subdivision, Virudhunagar District, of an extent of 0.16.50 Hectare totally 41 cents by considering the petitioner representation dated 14.05.2025, within the time stipulated by this Court. For Petitioner : Mr.T.Dineshpandi For Respondents : Mr.A.Baskaran Additional Government Pleader for R1 to R5 Mr.S.Shaji Bino Special Government Pleader for R6 Mr.M.Jothi Basu for R8 No appearance for R7 * * * * *

ORDER

This Writ Petition is filed seeking a direction to the respondents 2 to 6 to recover the petitioner's deceased husband property situated in S.No.177/5 in Patta No.490, Anaikuttam Village, Thiruthangal sub division, Virudhunagar District, by considering the petitioner representation dated 14.05.2025. 2/6

2.Heard the arguments of Mr.A.Baskaran, learned Additional Government Pleader for R1 to R5, Mr.S.Shaji Bino, learned Special Government Pleader for R6 and Mr.M.Jothi Basu, learned Counsel for R8. 3.A perusal of the representation submitted by the petitioner, dated 14.05.2025, would indicate that the petitioner wants implementation of the order passed by the second respondent dated 30.10.2023, cancelling the patta issued in the name of the 8th respondent and others and restoring the patta No. 490, in favour of the petitioner's husband Raj Nayakkar and one Thatthaiah Nayakkar. The petitioner also made a request to the official respondents to recover the property covered by Patta No.490, and hand over the same to the petitioner.

4.As far as the request made by the petitioner seeking recovery of the property is concerned, the revenue officials are not entitled to recover the property and hand over the same to the petitioner and it is for the petitioner to workout his remedy before the civil Court by filing appropriate suit. 5.As far as the request made by the petitioner seeking implementation of the order passed by the second respondent dated 30.10.2023, is concerned, the 3/6

said order was challenged by the 8th respondent in W.P(MD)No.31010 of 2023, and this Court granted interim stay of the order in W.M.P(MD)No.26591 of 2023 in W.P(MD)No.31010 of 2023. In view of the same, the request of the petitioner for implementation of the order passed by the second respondent on 30.10.2023, cannot be considered by the other respondents. Hence, I do not find anything to issue direction to the respondents based on the order which was already stayed by this Court for implementation. 6.Accordingly, this Writ Petition stands dismissed. No costs. 25.08.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 4/6

To 1.The District Collector, Office of the District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sivakasi Division, Virudhunagar District.

3.The District Registrar, Office of the District Registrar, Virudhunagar District.

4.The Tahsildar, Sivakasi Taluk Office, Virudhunagar District.

5.The Sub Registrar, Thiruthangal Sub Registrar Office, Sivakasi, Virudhunagar District.

6.The Village Administrative Officer, Anaikuttam Village, Sivakasi Taluk, Virudhunagar District.

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S.SOUNTHAR , J.

RJR W.P.(MD)No.16637 of 2025 25.08.2025 6/6