R.Murugesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP (MD) No.15148 of 2025 R.Murugesan ... Petitioner Vs.

1. The District Collector, Theni District, Theni.

2. The Revenue Divisional Officer, Periyakulam Sub Division, Theni District.

3. The Tahsildhar, Theni Taluk, Theni District.

4. The Commissioner, Theni Allinagaram Municipality, Theni District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents No. 1 to 3 to transfer the 2C Patta stands in the name of petitioners father to the name of the petitioner in respect of the lands in Survey Nos. 1762, 1763 and 1764/2B, Allinagaram Village, Theni Taluk, Theni District, 1/5

based on the petitioners representation dated 02.06.2025. For Petitioner :Mr.R.Shankar Ganesh For Respondents :Mr.K.R.Badurus Zaman Government Advocate for R1 to R3

O R D E R

By this writ petition, the petitioner seeks the transfer of the 2C patta issued to his father to his name.

2. Learned Government Advocate has placed on record an order issued in September 2024, cancelling the 2C patta issued to the petitioner's father on the ground that the land has been reserved as a burial ground for Christians. Therefore, learned Government Advocate submits that the writ petition has been rendered infructuous.

3. Learned counsel for the petitioner responds to this submission by stating that the land is being used for growing coconut and mango trees by the petitioner for a considerable period of time even after the death of the petitioner's father. Therefore, he submits that the representation dated 02.06.2025 may be treated as an application for the grant of 2C patta and disposed of.

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4. Since learned counsel for the petitioner states that the land bearing Survey Nos.1762, 1763 and 1764/2B, Allinagaram Village, is not being used as a burial ground at present, the representation of the petitioner may be treated as an application for grant of 2C patta and disposed of on merits. The third respondent is directed to dispose of the petitioner's representation on merits within six weeks from the date of receipt of a copy of this order, after providing a reasonable opportunity to the petitioner.

5. This writ petition is disposed of on these terms. No costs. Consequently, connected miscellaneous petition is closed. 10.09.2025 NCC :No Internet :Yes Index :No PKN 3/5

To

1. The District Collector, Theni District, Theni.

2. The Revenue Divisional Officer, Periyakulam Sub Division, Theni District.

3. The Tahsildhar, Theni Taluk, Theni District.

4. The Commissioner, Theni Allinagaram Municipality, Theni District.

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SENTHILKUMAR RAMAMOORTHY, J.

PKN 10.09.2025 5/5