M.Senthilkumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2025 CORAM :

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.(MD)No.19198 of 2025 M.Senthilkumar

...Petitioner

Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, RDO Office, Sivagangai.

3.The Tahsildar, Taluk Office, Ilayangudi, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the third respondent to issue patta to the petitioner's house situated in Survey No. 114/6B (Plot No.9) to the extent of 1815 at Ilayangudi (North) Village, Ilayangudi Taluk, Sivagangai District by way of consider the petitioner representation dated 24.06.2025.

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For Petitioner : Mr.S.Sivakumar For Respondents : Mr.A.Baskaran Additional Government Pleader

ORDER

The Writ Petition is filed seeking a direction to the third respondent to issue patta to the petitioner in respect of the house property situated in Survey No.114/6B (Plot No.9) in Ilayangudi (North) Village, Ilayangudi Taluk, Sivagangai District, by considering his representation dated 24.06.2025.

2. Heard the arguments of Mr.S.Sivakumar, learned counsel appearing for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader, who takes notice for the respondents. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, the above mentioned property was purchased by the petitioner out of his earnings in the name of the 2/6

petitioner's mother Alagammal. Subsequently, building was also constructed out of the earnings of the petitioner. The petitioner's mother died on 21.12.2015. Six siblings of the petitioner, namely, Sivakami, Selvi, Tamilarasi, Nagavalli, Sathasivam and Dhamodharan executed a registered release deed in favour of the petitioner on 16.06.2021 releasing their share in the subject property. As far as the other sister, namely, Ambika @ Ambikavathi is concerned, a sum of Rs.5,00,000/- (Rupees Five Lakhs only) was paid by the petitioner towards the release of her share. Based on the title document in the name of the petitioner's mother and the release deed executed by the six siblings of the petitioner, instant representation dated 24.06.2025 has been submitted by the petitioner before the respondents seeking issuance of patta in his name. The same has not been considered. Hence, the petitioner has come before this Court.

4. The learned Additional Government Pleader appearing for the respondents would submit that the above said Ambika @ Ambikavathi filed a civil suit for partition against the petitioner and others in O.S.No. 26 of 2025 on the file of the Subordinate Court, Manamadurai and in 3/6

view of the pendency of the civil suit, the third respondent has not considered the request of the petitioner.

5. In view of the said objection made by the learned Additional Government Pleader, without expressing any opinion on the merits of the matter, the third respondent is directed to consider the representation of the petitioner dated 24.06.2025 and pass final orders on its own merits within a period of 12 weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, the above mentioned Ambika @ Ambikavathi and other siblings of the petitioner.

6. With the above direction, this Writ Petition stands disposed of. No costs.

16.07.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm 4/6

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, RDO Office, Sivagangai.

3.The Tahsildar, Taluk Office, Ilayangudi, Sivagangai District.

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S.SOUNTHAR, J.

csm Order made in W.P.(MD)No.19198 of 2025 Dated : 16.07.2025 6/6