A.Palraj v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR A.Palraj ... Petitioner Vs.

1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Usilampatti, Madurai District.

2. The Tahsildar, Usilampatti Taluk Office, Usilampatti, Madurai District.

3. Kanniyammal ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent to cancel the patta in patta No.1496 in respect to the survey Nos.44/3 and 66/3 situated at Pappapati Revenue Village, Usilampatti Taluk, Madurai District and Consequently to issue joint patta in petitioner's name along with his brother name Amavasai and in his sister name Kanniyammal in respect to the survey Nos.44/3 and 66/3 situated at Pappapatti Revenue Village, Usilampatti Taluk, Madurai District by considering his representation dated 08.05.2025 within the time stipulated by this Court.

For Petitioner : Mr.V.Subash Chandra Bose For Respondents : Mr.D.S.Nedunchezian Government Advocate for R1 &2

ORDER

The petitioner herein seeks a direction to the first respondent to cancel the patta, in patta No.1496, in favour of the third respondent pertains to property in survey Nos.44/3 and 66/3, situated in Pappapati Revenue Village, Usilampatti Taluk, Madurai District and consequently, to issue joint patta in name of the petitioner along with his brother, viz., Amavasai and the third respondent, by considering his representation dated 08.05.2025.

2. Heard the arguments of Mr.V.Subash Chandra Bose, learned counsel for the petitioner and Mr.D.S.Nedunchezian, learned Government Advocate, for the respondents 1 and 2.

3. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4. According to the petitioner, 2.65 Acres of land in the above mentioned survey numbers, viz., S.No.44/3 and 66/3, was purchased by the petitioner's father, viz., Ayyavuthevar under registered sale deed dated 08.04.1983. He died intestate on 13.03.2011. The petitioner and his brother, viz., Amavasai, his mother, viz., Kathammal, and his seven sisters viz.,Kannaiymmal (third respondent herein), Subbammal, Deivam, Jeya, Lingammal, Selvi and Vijayarani, are the legal representatives of Ayyavuthevar. Subsequent to the death of the petitioner's father, his mother and six sisters, executed a release deed releasing their respective shares in favour of the third respondent. However, the petitioner and his brother, viz., Amavasai retained their shares.

During UDR updation, patta for the subject property has been issued in the name of the third respondent, even though the share of the petitioner and the petitioner's brother, viz. Amavasai, has not been conveyed in favour of the third respondent. In these circumstances, the petitioner submitted a representation on 08.05.2025 before the respondents 1 and 2, seeking cancellation of exclusive patta in the name of the third respondent and issue joint patta in favour of the petitioner and his brother, viz.

and the third respondent. The said representation has not been considered. Hence, the petitioner has approached this Court.

5. The learned Government Advocate appearing for the respondents 1 and 2 would submit that the competent authority to make correction in UDR records is the District Revenue Officer and the representation submitted by the petitioner shall be considered by the competent authority.

6. In view of the same, without expressing any opinion on the merits of the matter, the first respondent is directed to forward the representation of the petitioner dated 08.05.2025, to the District Revenue Officer, Madurai, within a period of two weeks from the date of receipt of a copy of this order. The said authority, viz., District Revenue Officer, Madurai, shall consider the representation of the petitioner and pass final orders on its own merits within a period of twelve weeks thereafter, after issuing notice to the petitioner and his brother, viz., Amavasai and the third respondent.

8. With the above direction, this Writ Petition is disposed of. No costs.

25.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No LS Note: Registry is directed to mark a copy of the order to the District Revenue Officer, Madurai District. To

1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Usilampatti, Madurai District.

2. The Tahsildar, Usilampatti Taluk Office, Usilampatti, Madurai District.

S.SOUNTHAR ,J LS W.P.(MD)No.17065 of 2025 Dated: 25.06.2025