M.Thangadurai v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Thangadurai ... Petitioner Vs.
1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Revenue Divisional Officer, Kovilpatti Division, Thoothukudi District.
3.The Tahsildar, Ettayapuram Taluk, Thoothukudi District.
4.M.Thangaponniah ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the second respondent to conduct enquiry with regard to the cancellation of patta (Patta No.315) issued by the third respondent in favour of the fourth
respondent and consequently direct the second respondent to issue joint patta by including all the legal representatives of one Late P.Muthu @ P.Muthaiya for the property lying in S.No.336/48 and 336/51 to an extent of 31 cents situated in Sinthalakarai Village, Ettayapuram Taluk, Thoothukudi District, on the basis of the petitioner's representation dated 18.07.2025.
For Petitioner : Mr.M.Sankar For R1 to R3 : Mrs.K.Malathi Additional Government Pleader
ORDER
The petitioner herein seeks a direction to the second respondent to cancel the Patta No.315 issued by the third respondent in favour of the fourth respondent and to issue a joint patta in the name of all the legal heirs of the petitioner's father, Muthu @ Muthaiya in respect of the property situated in Survey Nos.336/48 and 336/51, in Sinthalakarai Village, Ettayapuram Taluk, Thoothukudi District.
2.Heard the arguments of Mr.M.Sankar, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 1 to 3. Since no adverse order is passed against the fourth respondent, notice to the fourth respondent is dispensed with.
3.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
4.According to the petitioner, the subject property belonged to his father and after his death, one of his sons, namely, the fourth respondent obtained patta suppressing the existence of the other legal heirs. Therefore, the petitioner submitted a representation on 18.07.2025 seeking cancellation of exclusive patta issued in favour of the fourth respondent and issuance of joint patta in the name of all the legal heirs of Muthu @ Muthaiya including the petitioner. The said representation has not been considered. Hence, the petitioner has come before this Court.
5.The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the representation of the petitioner will be considered in accordance with law.
6. In view of the same, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the representation of the petitioner dated 18.07.2025 and pass final orders on its own merits within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, fourth respondent and other interested parties. Accordingly, this Writ Petition is disposed of. No costs.
04.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp
To 1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Revenue Divisional Officer, Kovilpatti Division, Thoothukudi District.
3.The Tahsildar, Ettayapuram Taluk, Thoothukudi District.
S.SOUNTHAR ,J cp W.P.(MD)No.21138 of 2025 Dated: 04.08.2025