Vasanthamary v. A.G.Sankar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and C.M.P.(MD) Nos.20482, 20483, 20484, 20485, 20486 & 20488 of 2025 W.P.(MD) No.3276 of 2025:

Vasanthamary ... Appellant -vs1.A.G.Sankar 2.The District Collector District Collectrate Compus Dindigul District 3.The District Revenue Officer District Collectrate Campus Dindigul District 4.The Revenue Divisional Officer Revenue Divisional Office YMR Patti Dindigul District

5.The Tahsildar Dindigul East Taluk Dindigul District 6.The Assistant Director of Survey & Settlement Officer Office of the Assistant Director of Survey & Settlement Dindigul District ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 15.02.2023, passed in W.P.(MD) No.19285 of 2022, on the file of this Court.

For Appellant :

Mr.I.Romeo Roy Alfred For Respondents :

Mr.S.R.A.Ramachandran Additional Government Pleader for R2 to R6 W.P.(MD) No.3277 of 2025:

John Sundara Raj ... Appellant -vs1.A.G.Sankar 2.The District Collector District Collectrate Compus Dindigul District 3.The District Revenue Officer District Collectrate Campus Dindigul District

4.The Revenue Divisional Officer Revenue Divisional Office YMR Patti Dindigul District 5.The Tahsildar Dindigul East Taluk Dindigul District 6.The Assistant Director of Survey & Settlement Officer Office of the Assistant Director of Survey & Settlement Dindigul District ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 15.02.2023, passed in W.P.(MD) No.19285 of 2022, on the file of this Court.

For Appellant :

Mr.I.Romeo Roy Alfred for Ms.R.Vinodhini For Respondents :

Mr.S.R.A.Ramachandran Additional Government Pleader for R2 to R6 W.P.(MD) No.3278 of 2025:

Felix John Baskar ... Appellant -vs1.A.G.Sankar

2.The District Collector Dindigul District 3.The District Revenue Officer District Revenue Office Dindigul District 4.The Revenue Divisional Officer Dindigul District 5.The Tahsildar Dindigul East Taluk Office Dindigul District 6.The Assistant Director of Survey & Settlement Officer Office of the Assistant Director of Survey & Settlement Dindigul District ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 15.02.2023, passed in W.P.(MD) No.19285 of 2022, on the file of this Court.

For Appellant :

Mr.I.Romeo Roy Alfred for Ms.R.Vinodhini For Respondents :

Mr.S.R.A.Ramachandran Additional Government Pleader for R2 to R6

C O M M O N J U D G M E N T [Judgment of the Court was made by DR.G.JAYACHANDRAN, J.] Learned counsel for the appellants submits that the Judgment dated 11.12.2025, passed by this Court in W.A.(MD) No.631 of 2024 and L.P.A.(MD) Nos.2 & 3 of 2024, covers the issue involved in the present writ appeals.

2. Learned Additional Government Pleader appearing for the official respondents conceded the above submission of the learned counsel for the appellants.

3. The Judgment dated 11.12.2025, passed by this Court in W.A. (MD) No.631 of 2024 and L.P.A.(MD) Nos.2 & 3 of 2024, reads as follows: "The writ appeal in W.A(MD)No.631 of 2024 is directed against the order passed by the learned single Judge in W.P(md)No.19285 of 2022 vide order dated 15.02.2023.

2.The writ petition was filed seeking Mandamus to the second respondent to measure the land situated in S.Nos.11/2, 36/1, 34/1, 34/3 and 383/1,2 etc., at

Vellodu Village, Dindigul and to issue separate joint holding and fix the meets and bounds in respect of the portion of the petitioner's share. The learned single Judge had passed the following order:

"2.The petitioner wants this Court to direct the fourth respondent to survey the petition mentioned lands and based on the survey result issue independent patta. The prayer is not contested by the respondents.

They only seek time. The said request made by the respondents cannot be rejected. I direct the fourth respondent to complete survey of the petition mentioned lands within a period of five months from the date of receipt of a copy of this order. Based on the survey result, patta shall be issued in favour of the petitioner immediately thereafter."

3.The writ appeal filed by the third parties/appellants stating that the writ petitioner is not the absolute owner of the land, he and others are the title holders. While so, without impleading him and others as party in the proceedings, the writ petitioner viz., A.G.Sankar had obtained an order behind the back to survey the land as well as to issue patta in favour of the petitioner.

4.This Court, on perusal of the impugned order,

finds that it is patently illegal, since the transfer of patta without conducting enquiry is not permissible under law. Moreover, it has now been brought to the notice of this Court that there are other title holders, and the patta stands in their names. Therefore, the order of the learned single Judge is set aside in respect of issuing patta. It is brought to the notice of this Court that yet another third party, by name John Britto approached this Court by filing a writ petition in W.A(MD)No.2006 of 2023. The division bench of this Court, vide order, dated 22.11.2023, had relegated the parties to settle the title dispute by approaching the civil Court. As regards the survey of the land, it has been made clear that there is no impediment for the authorities to proceed.

In other words, the Division Bench declined the relief of granting patta in favour of the writ petitioner. In order to maintain uniformity and judicial discipline, this Court, therefore, follows the judgment of the Division Bench passed in W.A.(MD) No.2006 of 2023 dated 22.11.2023, since the said order is applicable to all third parties, who have approached the Court either by way of appeal or LPA. Since it is a judgment in rem, the LPA.Nos.2 and 3 of 2024 are also allowed. No order as to costs. Consequently, connected miscellaneous petitions are closed."

4. In line with the above Judgment dated 11.12.2025, passed by this Court in W.A.(MD) No.631 of 2024 and L.P.A.(MD) Nos.2 & 3 of 2024, the present writ appeals are allowed. No costs. Consequently, connected miscellaneous petitions are closed.

[G.J., J.] [K.K.R.K., J.] 06.01.2026 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, District Collectorate Campus, Dindigul District.

2.The District Revenue Officer, District Collectrate Campus, Dindigul District.

3.The Revenue Divisional Officer, Revenue Divisional Office, YMR Patti, Dindigul District.

4.The Tahsildar, Dindigul East Taluk, Dindigul District.

5.The Assistant Director of Survey & Settlement Officer,

Office of the Assistant Director of Survey & Settlement, Dindigul District.

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

krk W.A.(MD) Nos.3276, 3277 & 3278 of and C.M.P.(MD) Nos.20482, 20483, 20484, 20485, 20486 & 20488 of 06.01.2026