Kanagasabapathy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Kanagasabapathy ... Petitioner Vs.

1.The District Collector, Sivagangai District.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Ilayangudi Taluk, Sivagangai District.

4.Karuppaiah 5.Ponnusamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents no.1 to 3 herein to cancel the patta bearing No.3136 issued in favour of the respondent no.5 in respect of the property comprised in Sur.Nos.44/4 and 76/3 situated at Perumpacheri Village, Ilayangudi Taluk, Sivagangai District, consequently issue patta in the petitioner name within the time stipulated on the basis of the representations dated 20.04.2025 and 14.07.2025 by this Court.

For Petitioner : Mr.C.Senthil Murugan For R-1 to R-3 : Mr.A.Baskaran Additional Government Pleader

ORDER

The Writ Petition is filed seeking a direction to the respondents 1 to 3 to cancel the patta bearing No.3136 issued in favour of the fifth respondent in respect of the property comprised in Survey Nos.44/4 and 76/3 in Perumpacheri Village, Ilayangudi Taluk, Sivagangai District on the basis of the petitioner's representation.

2. It is the case of the petitioner that 1 Acre and 61 cents of land in Survey No.44/4 and 0.63.0 Hectares of land in Survey No.76/3 in the above mentioned Village was allotted to him in a family partition dated 22.06.2009. The fourth respondent, by producing invalid documents, got the patta mutated in his favour and thereafter, it was changed in the name of his son, the fifth respondent. Therefore, the petitioner submitted a representation on 18.06.2025 before the second respondent seeking cancellation of patta that stands in the name of the fifth respondent. The said representation has not been considered. Hence, the petitioner has come before this Court.

3. Mr.A.Baskaran, learned Additional Government Pleader, who takes notice for the respondents 1 to 3, would submit that the representation of the petitioner will be considered in accordance with law.

4. Since no adverse order is going to be passed against the respondents 4 and 5, notice to them is dispensed with.

5. In view of the contentions raised by the petitioner, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the representation of the petitioner dated 18.06.2025 and pass final orders on its own merits within a period of twelve (12) weeks from the date of receipt of a copy of this order after affording a reasonable opportunity to the petitioner and the respondents 4 and 5.

6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

29.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The District Collector, Sivagangai District.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Ilayangudi Taluk, Sivagangai District.

S.SOUNTHAR,J.

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