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Madras High CourtWP(MD)/16381/2023dismissed

Thavamani.A v. The District Collector

2025-09-12Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP (MD) No.25990 of 2023 A.Thavamani ... Petitioner Vs.

1. The District Collector, Collectorate Building, Dindigul.

2. The Revenue Divisional Officer, Revenue Divisional Office, Dindigul.

3. The Tahsildar, Tahsildar Office, Dindigul East, Dindigul District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to issue patta for the lands in survey number 842/7, 843/4, 844/10 and 845/2 of Koovanuthu Village, Dindigul East Taluk, Dindigul District pursuant to the representation of the petitioner dated 04.01.2023. For Petitioner : Mr.V.Illanchezian For Respondents :Mr.P.Thambidurai 1/5

Government Advocate

O R D E R

The writ petition has been filed for a direction to the respondents to issue patta for Survey Nos.842/7, 843/4, 844/10 and 845/2 at Koovanuthu Village, Dindigul East Taluk.

2. In the affidavit in support of the writ petition, the petitioner has stated that the lands in Survey Nos.842/7 and 843/4 had been assigned to one Mamundi by the Government. Likewise, it is stated that the lands in Survey Nos.844/10 and 845/2 had been assigned to one Ponram by the Government. According to the petitioner, a person called Palanisamy who is said to be a legal heir of Mamundi and Subbammal is in possession and enjoyment of the properties in Survey Nos.842/7 and 843/4 and that one Alagar purchased the property in Survey No.844/10 and 845/2 from Ponram. In paragraph 7 of the affidavit, it is stated as under:

"7. I further submit that on 29.12.2022 the said Palanisamy and Alagar along with Rajendran, Son of Late. Raju Naidu had executed a General power of attorney in favour of the petitioner."

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From the above, it appears that the petitioner has filed the petition purportedly as an agent of Palanisamy and Alagar.

3. In the counter-affidavit of the Tahsildar, it is stated as under in paragraph 2 thereof:

"2. I humbly submit that this writ petitioner filed this writ petition as power agent of Palanisamy and Alagar who have executed a general power of attorney on 29.12.2022. This petitioner is retired government teacher who has no interest in the properties comprised in S.No.842/7, 843/4, 844/10 and 845/2 of Koovanoothu Village. The above lands prior to 1970 were originally government Tharisu lands which were assigned to scheduled caste poor people as per conditions stated in the Revenue Standing Orders, The Lands Compressed 0.75 cents in S.No.842/7 and 0.75 cents in S.No.843/4 were assigned no one Mamundi on condition that he should cultivate the lands and should not sell 10 years except the schedule caste. But the above said Mamundi, never made any cultivation and sold the properties to one Glorileela.

So the assignment was cancelled prior to UDR scheme and the above lands converted as government Tharisu. After 30 years this writ petitioner obtained power from Palanichamy son of Mamundi. Further Palanichamy never cultivate the properties comprised in S.No. 842/7 and 843/4.

adjacent to road. These properties can be utilized for construction of government buildings. So, no necessity to assign these lands."

4. Upon considering the respective averments, it is clear that the relief prayed for by the petitioner, as purported agent of Palanisamy and Alagar, cannot be granted. Therefore, the writ petition is dismissed without any order as to costs. No costs. Consequently, the condone delay petition is closed.

12.09.2025 NCC :No Internet :Yes Index :No PKN To

1. The District Collector, Collectorate Building, Dindigul.

2. The Revenue Divisional Officer, Revenue Divisional Office, Dindigul.

3. The Tahsildar, Tahsildar Office, Dindigul East, Dindigul District.

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SENTHILKUMAR RAMAMOORTHY, J.

PKN 12.09.2025 5/5