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Madras High CourtWP(MD)/21958/2025dismissed

V.Soosairaj v. The District Collector

2025-08-14Honourable Mr Justice S. Sounthar8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.(MD) Nos.21958, 21965 & 22234 of 2025 V.Soosairaj ... Petitioner in all cases Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, RDO Office, Sivagangai.

.. Respondents 1&2 in all cases

3. The Tahsildar, Kalaiyarkovil, Sivagangai District.

.. 3rd Respondent in WP(MD)Nos.21958 & 22234/2025 3.The Tahsildar, Devakottai, Sivagangai District.

..3rd Respondent in WP(MD)No.21965/2025

4. Sesurathinam ... 4th Respondent in all cases

Prayer in WP(MD)No.21958/2025:- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 3rd respondent to conduct enquiry in patta No.600 in Survey No.309/15 and the land patta No.4276 in Survey No.157/17, 169/1, 204/5B, 229/17 at Mongankanmai Village, Kalayarkovil Taluk, Sivagangai District in the petitioner's name by considering the petitioner's representation dated 25.06.2025. Prayer in WP(MD)No.21965/2025:- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 3rd respondent to conduct enquiry in patta No.1199 pertaining in Survey No.144/4, 148/10 at Nedodai Village, Devakottai Taluk, Sivagangai District and restored in the petitioner's name considering the petitioner's representation dated 19.07.2025.

Prayer in WP(MD)No.22234/2025:- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 3rd respondent to conduct enquiry in patta No.4275(House Plot) pertaining in Survey No.220/19B at Mongankanmai Village, Kalayarkovil Taluk, Sivagangai District and restore in the petitioner's name by considering the petitioner's representation dated 25.06.2025.

In all cases:

For Petitioner : Mr.S.Sivakumar For Respondents : Mrs.S.Jeya Priya Government Advocate for R1 to R3 COMMON ORDER These writ petitions are filed by the petitioner seeking a direction to the third respondent to conduct enquiry in respect of the property covered by Patta Nos.4275, 4276 and 1199 at Mongankanmai village, Kalayarkovil Taluk, and Nedodai Village,Devakottai Taluk, Sivagangai District and restore the petitioner's name in the revenue records by considering his representations dated 25.06.2025 and 19.07.2025.

2. It is the case of the petitioner that the subject properties were owned by his father originally. Even during the life time of the petitioner's father, there was a oral partition in the family. The properties covered in the above mentioned patta numbers were allotted to the share of the petitioner and some other properties were allotted to the share of the petitioner's brother. Later, the petitioner's brother by tricking his

father obtained settlement deed in his favour in respect of the subject properties. After some time, the petitioner's father cancelled the settlement deed executed in favour of the petitioner's brother and executed settlement in favour of the petitioner. Aggrieved by the same, the petitioner's brother instituted a civil Suit in O.S.No.208 of 2010 on the file of the District Munsif, Sivagangai, seeking declaration that the cancellation deed executed by the petitioner's father and the subsequent settlement deed executed by him in favour of the petitioner were null and void. The said suit was decreed in favour of the petitioner's brother. Aggrieved by the same, the petitioner preferred the first appeal in A.S.No.113 of 2011 on the file of the Sub Court, Sivagangai. The appellate Court confirmed the findings of the trial Court.

Aggrieved by the same, the petitioner preferred a second appeal in S.A(MD)No.465 of 2017 before this Court and the same was also dismissed. Now, the review petition filed by the petitioner is pending in Review Petition(MD).SR.No.10563/2024. In the meantime, the petitioner's brother got the mutation of revenue records in his favour.

name. The said representation has not been considered. Hence the petitioner has come before this Court.

3. Even according to the averment found in the affidavit filed in support of the writ petition, the petitioner's father executed a gift deed in favour of the petitioner's brother on 21.10.2009. Subsequently, he cancelled the same by executing a gift cancellation deed and executed another gift deed in favour of the petitioner. The cancellation deed and the gift deed in favour of the petitioner were declared as null and void by the civil Court in a suit filed by the petitioner's brother and the said finding was confirmed by this Court in S.A(MD)No.465 of 2017. In such circumstances, at this stage, the respondents cannot be directed to consider the request made by the petitioner seeking mutation of the revenue records in his favour. It is stated the review application filed by the petitioner seeking review of the judgment passed in S.

A(MD)No.465 of 2017 is said to be pending in SR stage. In case, the petitioner's review application is numbered and allowed, thereafter, it is open to the petitioner to seek necessary relief before the revenue authorities.

any relief.

4. Accordingly, all the Writ Petitions are dismissed. No Costs. 14.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No PJL To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer RDO Office, Sivagangai.

3. The Tahsildar, Kalaiyarkovil, Sivagangai District.

4.The Tahsildar, Devakottai, Sivagangai District.

S.SOUNTHAR ,J PJL W.P.(MD) Nos.21958, 21965 & 22234 of 2025 Dated: 14.08.2025