M.Abdul Rahuman v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P(MD)No.17979 of 2025 M.Abdul Rahuman ... Petitioner Vs.
1.The District Collector, Sivagangai, Sivagangai District.
2.The District Revenue Officer, O/o.The District Revenue Officer, Sivagangai, Sivagangai District.
3.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Devakkottai, Sivagangai District.
4.The Tahsildar, O/o.The Tahsildar Office, Tirupathur, Sivagangai District.
... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent in his proceedings in rp5/3398/2025, dated 07.02.2025 and quash the same
as illegal and consequently to direct the respondents to mutate the patta in favour of the petitioner in respect of Survey No.535/2 to an extent of 75 cents situated at S.Vellankudi Village, Tirupathur Taluk, Sivagangai District within the period that may be stipulated by this Court. For Petitioner : Mr.V.Karthikraja, for M/s.Ajmal Associates.
For Respondents : Mrs.K.Malathi, Additional Government Pleader, for R1 to R4.
ORDER
The Writ Petition is filed challenging the order passed by the first respondent rejecting the request of the petitioner seeking issuance of patta.
2. Heard the arguments of Mr.V.Karthikraja, for M/s.Ajmal Associates, 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 sides, this Writ Petition is taken up for final disposal at the admission stage itself.
4.According to the petitioner, the subject property situated in Survey No.535/2 to an extent of 75 cents in S.Vellankudi Village, Tirupathur Taluk, Sivagangai District, was purchased by the petitioner's father Mohamed Sulthan from one Venkatachalam Chettiar under registered sale deed in the year 1948. From that day onwards, the petitioner's father and the petitioner has been in possession and enjoyment of the subject property. The petitioner submitted an application seeking issuance of patta for the subject property as the same is classified in the revenue records as Government Poramboke. The request of the petitioner has been rejected by the first respondent on the ground that the petitioner submitted an application after cut off date fixed by the Government in G.O.MS.No.714, C.T & R.E Department, [Commercial Tax and religious Endowment Department] dated 29.06.1987. Aggrieved by the same, the petitioner has come before this Court.
5.The learned counsel for the petitioner vehemently contended that though the petitioner purchased the property under the registered sale
deed in the year 1948, the first respondent committed a serious error in rejecting the request of the petitioner for issuance of patta.
6. It is seen from the affidavit and the documents furnished in the typed set of papers, the subject property situated in S.Vellankudi Village and the said village was taken over by the Government under the provisions of Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act 26 of 1948. Thereafter, neither the petitioner's father nor the petitioner filed any application before the settlement officer under the Act, seeking issuance of settlement patta. The Government by G.O.MS.No.714.C.T & R.E Department referred above fixed 20.08.1987 as the last date for filing application seeking Patta outside the scope of said Act.
7. The petitioner filed the instant petition beyond the cut off date fixed by the Government. Therefore, the first respondent is justified in rejecting the request of the petitioner for issuance of patta as he has no power to entertain the application after the cut off date fixed by the Government.
8. I do not find any error in the impugned order passed by the first respondent and hence, the Writ Petition stands dismissed. However, the impugned order passed by the first respondent will not come in the way of the petitioner establishing his right before the civil Court. 9.With this clarification, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs. 22.08.2025 (2/2) NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The District Collector, Sivagangai, Sivagangai District.
2.The District Revenue Officer, O/o.The District Revenue Officer, Sivagangai, Sivagangai District.
S.SOUNTHAR ,J.
das 3.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Devakkottai, Sivagangai District.
4.The Tahsildar, O/o.The Tahsildar Office, Tirupathur, Sivagangai District.
and W.M.P(MD)No.17979 of 2025 Dated: 22.08.2025