K.M.B.Muthukaruppu v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR K.M.B.Muthukaruppu ...

Petitioner Vs 1 The Revenue Divisional Officer, Sivagangai, Sivagangai District.

2 The Tahsildar, Thirupuvanam Taluk, Sivagangai District.

3 The Sub Registrar, Thirupuvanam Sub Registration Office, Sivagangai District.

4 Ramalingam ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 2nd respondent to annul the Patta No.708 in respect of the survey No.59/13 located in Chinnavalayankulam Village, Erukalaivalur Revenue Village, Thiruppuvanam

Taluk, Sivagangai District, which stands in the name of the 4th respondent and issued the patta in compliance of the directions issued by the 1st respondent in his memorandum in O.Mu.A3/1655/2025, dated 24.04.2025. For Petitioner :

Mrs.M.Benazir Begum For Respondents 1 & 2 : Mr.A.Baskaran, Addl. Govt. Pleader.

For Respondent 3 : Mr.S.Kameswaran, Govt. Advocate.

ORDER

The petitioner herein seeks a direction to the second respondent to cancel the Patta No.708, issued in favour of the fourth respondent, in respect of the property situated in Survey No.59/13, at Chinnavalayankulam Village, Erukalaivalur Revenue Village, Thiruppuvanam Taluk, Sivagangai District, pursuant to the direction issued by the first respondent in his memorandum in O.Mu.A3/1655/2025, dated 24.04.2025.

2. According to the petitioner, the subject property originally belonged to the petitioner's paternal grandfather - Muthu Karuppa Thevar, as per UDR records. The petitioner is the son of Muthu Karuppa Thevar's son - Bose, through his first wife. The second wife of Muthu Karuppa Thevar,

without having any exclusive right, obtained patta in her name and, thereafter, she conveyed the entire property in favour of the fourth respondent. As on today, the revenue documents stand in the name of the fourth respondent. Therefore, the petitioner submitted a representation before the first respondent, seeking cancellation of patta, issued exclusively in the name of the fourth respondent. Subsequently, the first respondent, in his proceedings, dated 24.04.2025, directed the second respondent to submit a report. The second respondent has not submitted any report, as directed. Hence, the petitioner has come before this Court.

3. Additional Government Pleader, appearing for Respondents No. 1 and 2, would submit that the representation submitted by the petitioner will be considered by the first respondent, after submission of report by the second respondent.

4. In view of the same, without expressing any opinion on the merits of the matter, the second respondent is directed to submit a report to the first respondent within a period of four weeks from the date of receipt of copy of this order. The first respondent shall consider the representation of the petitioner, dated 15.03.2025, and pass final orders on its own merits within a further period of eight weeks, after issuing notice to petitioner, fourth respondent, and other interested parties.

5. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, the connected W.M.P.(MD) No.13889 of 2025 is closed. 04.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1 The Revenue Divisional Officer, Sivagangai, Sivagangai District.

2 The Tahsildar, Thirupuvanam Taluk, Sivagangai District.

3 The Sub Registrar, Thirupuvanam Sub Registration Office, Sivagangai District.

S.SOUNTHAR, J.

dixit 04.07.2025