Ponnammal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI W.P.(MD) No.7317 of 2024 and W.M.P.(MD) No.6742 of 2024 Ponnammal ... Petitioner /Vs./ 1.The District Collector, Velunatchiar Complex, Dindigul District.
2.The Superintendent of Police, Dindigul District.
3.The District Revenue Officer, O/o. District Revenue Office, Velunatchiar Complex, Dindigul District.
4.The Tahsildar, Nilakottai (HO), Dindigul District.
5.The Inspector of Police, Land Grabbing Cell, Velunatchiar Complex, Dindigul District.
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6.The District Registrar, District Registration Office, Velunatchiar Complex, Dindigul District.
7.The Sub Registrar, Nilakottai Sub Registration Office, Nilakottai (HO), Dindigul District.
8.Erammal 9.Karuppaiah 10.Rajammal 11.Saroja 12.Meena 13.Ramuthai 14.Karuppaiah 15.Mariyanavel 16.Saroja 17.Murugan 18.Muthulakshmi 19.Pandiselvi 20.Ponnuthaai 21.Balakrishnan 2/9
22.Pappathi 23.Murugan 24.Selvi 25.Palaniyammal 26.Kala 27.Muthupandiammal 28.Palanisamy 29.Praveenkumar 30.Eswaran 31.S.Palaniammal ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 7 to conduct an enquiry for causing mutation of illegal patta in favour of 3rd parties namely, the Respondents 8 to 30 from the petitioner's father Muthaiah Maniyam's name in respect of the land in S.Nos.466/1 and 466/19 bearing Patta No.703 situated at Nilakkottai Taluk, Dindigul District in an extent of 36 cents by invoking the relevant rules on the basis of representation given by the petitioner on 05.06.2023 in order to find out all their fraudulent activities for mutation of patta illegally and also creating forged Partition Deed dated 04.01.2011 registered as Doc.No. 3/9
17/2011 by calling all the parties who are involved in this scam and thereupon, to cancel the illegal mutation of patta on the strength of forged partition deed dated 04.01.2011 duly registered as Document No. 17/2011, S.R.O., Nilakottai and restore the original name of the petitioner's father in the patta in revenue record or his legal heirs in respect of land in S.Nos.466/1 and 466/19 bearing Patta No.703 situated at Nilakottai Taluk, Dindigul District.
For Petitioner : Mr.V.R.Venkatesan For R1 to R4 & R6 and R7 : Mr.M.Lingadurai Special Government Pleader For R5 : Mr.S.Prakash Government Advocate (Crl.side) For R8 to R19, R21 & R24 to R27: Mr.C.Prithviraj For R20, R22, R23, R29 to R31 : No appearance For R7 & R28 : Service awaited For R18 : Unserved
ORDER
Heard Mr.V.R.Venkatesan, learned counsel for the petitioner, Mr.M.Lingadurai, learned Special Government Pleader for the 4/9
respondents 1 to 4, 6 and 7, Mr.S.Prakash, learned Government Advocate (Crl.side) for the fifth respondent, Mr.C.Prithviraj, learned counsel for the respondents 8 to 19, 21 and 24 to 27. 2.Mr.V.R.Venkatesan, learned counsel for the petitioner would submit that for the past several decades, the subject property stood mutated in the name of the petitioner's predecessors and subsequently in the name of the petitioner's father, Muthaiyh Maniyam in patta No.703. The said Muthaiyh Maniyam died on 20.07.1955, leaving behind his daughter, Ponnammal wife, Erammal, another daughter, Vellaithai with his mother, Nagammal, predeceasing the said Muthaiyh Maniyam. 3.The learned counsel for the petitioner would submit that the private respondents have proceeded on the basis that the said Mr.
Muthaiyh Maniyam died without any legal heirs and have created a forged partition deed to deprive the petitioner of her entitlement. Also, it is contended that the property is the separate property of the father and not a property which can be partitioned.
and given a representation on 05.06.2023, seeking for cancellation of patta issued in the name of third parties and to consequently restore the patta in the name of the petitioner's father. 4.Without going into the merits and entitlement to the petitioner, considering the limited scope of relief that has been sought for, it would suffice to direct the Revenue Divisional Officer, Dindigul to enquire into the matter and pass orders after hearing the petitioner as well as the private respondents 8 to 31. The petitioner shall make a fresh representation to the Revenue Divisional Officer, Dindigul, enclosing all the relevant documents along with the earlier representation given to the other Revenue Authorities.
On such fresh application being made by the petitioner, the Revenue Divisional Officer, Dindigul, shall fix a date for inquiry and issue notice to the petitioner as well as the private respondents 8 to 31 herein.
law. The said exercise shall be completed within a period of 12 weeks from the date of receipt of the application from the petitioner. 5.With the aforesaid directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Index : Yes / No 17.03.2025 NCC : Yes / No mm TO:- 1.The District Collector, Velunatchiar Complex, Dindigul District.
2.The Superintendent of Police, Dindigul District.
3.The District Revenue Officer, O/o. District Revenue Office, Velunatchiar Complex, Dindigul District.
4.The Tahsildar, Nilakottai (HO), Dindigul District.
5.The Inspector of Police, 7/9
Land Grabbing Cell, Velunatchiar Complex, Dindigul District.
6.The District Registrar, District Registration Office, Velunatchiar Complex, Dindigul District.
7.The Sub Registrar, Nilakottai Sub Registration Office, Nilakottai (HO), Dindigul District.
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P.B. BALAJI , J.
mm Order made in Dated:
17.03.2025 9/9