M.Murugayee, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI WP(MD)No.16427 of 2018 and W.M.P.(MD)No.14629 of 2018 M.Murugayee ... Petitioner Vs.

1. The District Collector Madurai District, Madurai.

2. The Revenue Divisional Officer, R.D.O. Office, Usilampatty Taluk,

3. The Tahsildar Tahsildar Office, Thirumangalam Taluk,

4. The District Registrar, Registrar Office, Mahal Area, Madurai.

5. The Sub Registrar Kallikudi Sub Registrar Office, No.6/10, Railway Border Road, Kallikudi Chatram, Kallikudi, Madurai.

1/6

6. The Superintendent of Police

7. The Inspector of Police Kallikudi Police Station,

8. T.Muthu,

9. T.Palaniselvam

10. T.Karuthapandi

11. T.Kaleeswari

12. T.Velmurugan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 3 to cancel the illegally name transferred Pattas for Survey Nos.189/12, 189/13 , 189/16, 193/1, 193/2B, 201/11B, 123/1B, 250/54, 253/21, 204/4B, 204/4C, 95/8 which is situated in Kuraayur Village, Thirumangalam Taluk, Madurai, further directing the respondents 4 to 5 to stop the registration process in the said Survey Numbers and respondents 6 to 7 to take necessary action against the respondents 8-12 for preparation of sale the properties.

For Petitioner : Mr.A.Mu.Sharavanan For Respondents : Mr.B.Saravanan Additional Government Pleader R1-7 : Mr.S.Muniyandi for R8-12 2/6

ORDER

I have heard the learned counsel on either side.

2. Though the writ petitioner seeks a larger relief of writ of mandamus, not only seeking cancellation of patta, which according to the petitioner, has been illegally transferred in the name of the his brother/ legal heirs, but also, forbearing respondents from entertaining registration in respect of said survey numbers and for taking action against respondents 8 to 12, who are private respondents for preparation of sale of properties in the said survey numbers. I see no reason to entertain the writ petition insofar as the reliefs pertaining to forbearing registration and for taking action against the private respondents in exercise of powers under Article 226 of the Constitution of India. However, with regard to the request of the writ petitioner, to cancel the patta which, according to the petitioner, has been illegally issued to the private respondents, the writ petition is certainly maintainable. 3/6

3. The second respondent, being the competent authority, shall conduct necessary enquiry hearing the petitioner as well as the private respondents and pass final orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Index : Yes / No NCC : Yes / No 15.04.2025 LS To

1. The District Collector Madurai District, Madurai.

2. The Revenue Divisional Officer, R.D.O. Office, Usilampatty Taluk, 4/6

3. The Tahsildar Tahsildar Office, Thirumangalam Taluk,

4. The District Registrar, Registrar Office, Mahal Area, Madurai.

5. The Sub Registrar Kallikudi Sub Registrar Office, No.6/10, Railway Border Road, Kallikudi Chatram, Kallikudi, Madurai.

6. The Superintendent of Police

7. The Inspector of Police Kallikudi Police Station, 5/6

P.B. BALAJI , J.

LS Order made in Dated:

15.04.2025 6/6