R.Ramasamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2025
CORAM:
THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.20369 of 2025 R.Ramasamy ... Petitioner Vs.
1. The District Collector, Thoothukudi District, Thoothukudi.
2. The District Revenue Officer, Thoothukudi,
3. The Revenue Divisional Officer, Thoothukudi, Kovilpatti,
4. The Tahsildar, Taluk Office, Ottapidaram Taluk,
5. Jeyalakshmi
6. Janagaraj ... Respondents 1/6
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, 2nd respondent to cancel the patta in the name of the 5th & 6th respondents in respect of the property in Re-Survey No.118/5A Old Survey No.118/4 & 5B to an extent of 43 cents situated at Kollangkinaru, Ottapidaram Taluk, Thoothukudi District and issued batta in favour of the petitioner in the light of the partition deed in Doc. No.280/1955 dated 04.05.1995 on the file of the Sub Registrar Office, Kadambur, Ottapidaram Taluk, Thoothukudi District by disposing the petitioner's representation dated 29.01.2024 For Petitioner : Mr.L.M.Vijai Boominathan For R1 to R4 : Mrs.K.Malathi Additional Government Pleader
ORDER
The writ petition is filed seeking a direction to the 2nd respondent to cancel the patta issued in the name of the respondents 5 and 6 in respect of the property situated in Re-Survey No.118/5A Old Survey No.118/4 & 5B to an extent of 43 cents situated at Kollangkinaru, Ottapidaram Taluk, 2/6
2. Heard the learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader who takes notice for the respondents 1 to 4.
3. By consent of both the parties, the writ petition is taken up for final disposal at the stage of admission itself.
4. According to the petitioner, he sold 1 acre 28 cents in Sl.No. 118/3, 118/2 and 130/1 in Kalangina Village in favour of one P.P.Ramasamy. In the very same Sale Deed, he conveyed right to fetch water in the well situated in the subject properties in favour of the purchaser. However, no interest in the subject properties have been conveyed in favour of the purchaser by the petitioner.
5. However, the private respondents somehow obtained Patta for the subject property in their names. Therefore, the petitioner submitted a representation on 29.01.2024 before the 3rd respondent, seeking cancellation of Patta issued in favour of the private respondents. 3/6
6. The 3rd respondent in his proceedings in X/K/m2/954/2024 dated 01.02.2024 directed the 4th respondent to look into the grievance of the petitioner, however, there is no further progress in the matter. Hence, the petitioner has come before this Court.
7. The learned Additional Government Pleader, who takes notice for the respondents 1 to 4 would submit that the application submitted by the petitioner will be considered in accordance with law.
8. The main grievance of the petitioner is that Patta for the subject property has been issued in the name of the private respondents without any basis and hence, the petitioner seeks cancellation of Patta. Therefore, the said application should be considered by the appellate authority viz., the 3rd respondent under the provisions of the Tamil Nadu Patta Passbook Act.
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9. Hence, without expressing any opinion on the merits of the matter, the 3rd respondent is directed to consider the representation of the petitioner dated 29.01.2024 and pass final orders on its own merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and the private respondents 5 and 6.
10. The writ petition is disposed of with the above observations. No costs.
25.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 5/6
S.SOUNTHAR , J.
rgm To
1. The District Collector, Thoothukudi District, Thoothukudi.
2. The District Revenue Officer, Thoothukudi,
3. The Revenue Divisional Officer, Thoothukudi, Kovilpatti,
4. The Tahsildar, Taluk Office, Ottapidaram Taluk, W.P.(MD).No.20369 of 2025 25.07.2025 6/6