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Madras High CourtWP(MD)/22153/2022disposed of

Rajendran.K v. The Revenue Divisional Officer

2025-11-14Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.11.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.(MD) Nos.16307 & 16308 of 2022 K.Rajendran.

... Petitioner Vs

1. The Revenue Divisional Officer, Srirangam Taluk, Tiruchirapalli.

2. The Tashildhar, Srirangam Taluk, Tiruchirapalli District.

3. Vijayalakshmi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned order passed by the first respondent in his proceedings Muu.Mu.A5/922/2021 dated 15.02.2022 and consequential impugned order passed by the second respondent in his proceedings Na.Ka.No.A2/6079/2018 dated 15.06.2022 and quash the same as illegal, arbitrary and in violation of principles of natural justice and violation of Section 10 of the Tamil Nadu Patta Passbook Act, 1983. 1/5

For Petitioner : Mr. R.Surya Prakash.

For Respondents : Mr.P.Thambidurai Government Advocate for R1 & R2 Mr.M.Ramkumar for R3

O R D E R

The petitioner traces title to 1.82 acres in Survey No.28/8, Ariyavoor village, Srirangam Taluk from his grandfather, one Sagili Muthirayar. The petitioner states that his grandfather settled the said property in favour of his daughter, Sivandhi Ammal under a registered settlement deed dated 27.08.1989 bearing Doc.No.2994 of 1989. It is stated that his mother executed a Will dated 23.12.1998 in his favour and that such Will came into force on 19.01.1999 when his mother passed away. On that basis, it is further stated that patta was issued in his name. Thereafter, by impugned order dated 15.02.2022, it is stated that the patta was mutated and issued as a joint patta in the names of the petitioner and his five sisters. The said order and the consequential order dated 15.06.2022 are assailed primarily on the ground of breach of principles of natural justice.

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2. Learned counsel for the third respondent refutes these contentions. He submits that no case is made out to interfere with the impugned order because the patta has been duly mutated to reflect the names of all the legal heirs of Sivandhi Ammal.

3. On perusal of the orders impugned herein, it appears that such order was issued on the basis of a petition filed by one Vijayalakshmi, wife of Selvaraj. The order does not make reference to the issuance of notice to the petitioner or the conduct of an inquiry. Although the order appears to have been dispatched to the petitioner, the petitioner asserts that such order was not received by the petitioner from the Revenue Divisional Officer.

4. Solely on the ground of breach of principles of natural justice, the orders impugned herein cannot be sustained. I take note of the fact that the patta currently stands in the names of all the legal heirs of the late Sivandhi Ammal. Therefore, at this juncture, I am not inclined to interfere with the status of revenue records. Therefore, notwithstanding the fact that the impugned orders are being set aside, the status of 3/5

revenue records as on date shall be maintained. As a result of the orders being set aside, the matter is remanded to the Tahsildar for reconsideration. After providing a reasonable opportunity to the petitioner, the third respondent and all the other legal heirs of the late Sivandhi Ammal, a speaking order shall be issued within three (3) months from the date of receipt of a copy of this order. It is needless to say that the revenue record shall abide by the outcome of the remanded proceedings.

5. This Writ Petition is disposed of on these terms. No costs. Consequently, connected miscellaneous petitions are closed. NCS : Yes/No 14.11.2025 Index : Yes / No Internet : Yes / No apd To

1. The Revenue Divisional Officer, Srirangam Taluk, Tiruchirapalli.

2. The Tashildhar, Srirangam Taluk, Tiruchirapalli District.

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SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN 14.11.2025 5/5