G.Kamalam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.16787 of 2025 G.Kamalam ... Petitioner .Vs.

1.The District Collector, Tirunelveli District.

2.The District Revenue Officer, Tirunelveli.

3.The Revenue Divisional Officer, Tirunelveli.

4.The Tahsildar, Palayamkkottai, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 4 to cancel the sub division in S.Nos.440,446/1 and 446/2 situated at Krishnapuram Village, Palayamkkottai Taluk, Tirunelveli District and issue patta in the name of Petitioner as well as his legal heirs name by considering the Petitioner's representation, dated 5.3.2025. 1/5

For Petitioner : Mr.S.Ramasamy For Respondents : M/s.K.Malathi 1 to 4 Addl.Govt. Pleader

O R D E R

The Writ Petition is filed seeking a direction to the respondents 1 to 4 to cancel the sub-division in S.Nos.440,446/1 and 446/2 situated at Krishnapuram Village, Palayamkkottai Taluk, Tirunelveli District and issue patta in the name of Petitioner as well as his legal heirs name by considering the Petitioner's representation, dated 5.3.2025.

2.Mrs.K.Malathi, learned Additional Government Pleader takes notice for the respondents 1 to 4. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.It is the case of the Petitioner that the above mentioned properties belong to the Petitioner's father Subbaiah Mudaliyar under Registered sale deed. Taking advantage of the absence of the Petitioner and his family members in the locality, certain persons created forged documents and by utilizing those documents, obtained mutation of revenue records. Therefore, the 2/5

Petitioner submitted a representation before the fourth respondent seeking cancellation of mutation entry in the revenue records based on the forged documents. The said representation has not been considered till date. Hence the Petitioner has come before this Court with the present Writ Petition for the relief stated supra.

4.Even as per the representation submitted by the Petitioner, some third parties created forged documents and produced the same before the respondents and got the revenue records. The respondents are not empowered to decide the validity of the registered documents. Therefore, if any mutation is made based on registered documents allegedly forged by the individuals, it is for the Petitioner to challenge the registered documents in the manner known to law before the competent Civil Court. Therefore, this Court is not inclined to issue any direction to the respondents to consider the representation submitted by the petitioner.

5.Accordingly, the Writ Petition stands dismissed with liberty to the Petitioner to challenge the registered documents, if any, before the competent Civil Court, in the manner known to law. No costs..

3/5

23.06.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Tirunelveli District.

2.The District Revenue Officer, Tirunelveli.

3.The Revenue Divisional Officer, Tirunelveli.

4.The Tahsildar, Palayamkkottai, Tirunelveli District.

S.SOUNTHAR.,J.

vsn ORDER MADE IN 4/5

W.P(MD)No.16787 of 2025 23.06.2025 5/5