Kalaiyarasi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.(MD)No.19002 of 2025 Kalaiyarasi ... Petitioner Vs.
1.The District Collector, Collector Office, Thoothukudi District.
2.The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.
3.The Tahsildar, Tiruchendur Taluk Office, Tiruchendur, Thoothukudi District.
4.Selvaraj ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 2nd respondent to expedite petition proceedings in Na.Ka. A1/175/2024 dated 20.08.2024 in respect of S.No. 1188/18 to an extent of 01.64 ares situated
at Semmarikulam Village, Tiruchendur Taluk, Thoothukudi District on the basis of petitioners mothers petition dated 08.08.2024 and 20.06.2025 within stipulated time a fixed by this Court. For Petitioner : Mr.S.Vellaichamy For R1 to R3 : Mr.D.S.Nedunchezhian Government Advocate
ORDER
The petitioner herein seeks a direction to the second respondent to expedite the proceedings in Na.Ka. A1/175/2024 dated 20.08.2024 in respect of the dispute regarding mutation of revenue records concerning property situated in S.No. 1188/18 to an extent of 01.64 ares situated at Semmarikulam Village, Tiruchendur Taluk, Thoothukudi District by considering the petitioners representation dated 08.08.2024 and 20.06.2025.
2. It is the case of the petitioner that the patta for the subject property was originally stood in the name of petitioner's mother Rajeshwari in patta No.203. The same was erroneously transferred in
favour of the fourth respondent. After acquiring knowledge about the same, petitioner's mother submitted an appeal before second respondent on 8.8.2024, seeking restoration of Patta in her name. Thereafter, the second respondent in his proceedings in Na.Ka.A1/175/2024 dated 20.08.2024, directed the third respondent to look into the representation submitted by the petitioner's mother. Thereafter, there is no progress. Therefore, after death of petitioner's mother, the petitioner submitted a representation on 20.06.2025, seeking expeditious disposal of the appeal filed by the petitioner's mother and restoration of patta in his name. The same has not been considered. Hence, the petitioner has come before this Court.
3. The learned Government Advocate who takes notice for the respondents 1 to 3 would submit that the appeal submitted by petitioner's mother dated 08.08.2024, will be considered on its own merits within the time stipulated by this Court.
4. Under the provisions of Tamil Nadu Patta Passbook Act, the second respondent is the appellate authority. The petitioner's mother
rightly submitted an appeal before the second respondent on 08.08.2024. The second respondent on his part, ought not to have forwarded the said appeal to the third respondent with the direction to consider the same.
5. Therefore, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the appeal submitted by the petitioner's mother dated 08.08.2024 and pass final orders on its own merits within a period specified hereinafter, after issuing notice to petitioner, other legal representatives of the deceased Rajeswari and the fourth respondent, who are entitled to appear before second respondent and represent their case. The petitioner is directed to submit the details of the legal representatives of deceased Rajeshwari before the second respondent within two weeks from the date of receipt of a copy of this order. The second respondent shall dispose of the appeal filed by the deceased Rajeshwari within a period of twelve weeks thereafter.
6. With the above direction, this Writ Petition is disposed of. No costs.
14.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No pnn To 1.The District Collector, Collector Office, Thoothukudi District.
2.The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.
3.The Tahsildar, Tiruchendur Taluk Office, Tiruchendur, Thoothukudi District.
S. SOUNTHAR , J.
pnn Dated: 14.07.2025