Kulanthairaj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2025

CORAM

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

1.The District Collector, Pudukkottai District.

2.The Revenue Divisional Officer, Illupur, Pudukkottai District.

3.The Tahsildar, Kulathoor Taluk, Office at Keeranoor, Pudukkottai District.

4.Arockiam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 1st to 3rd respondents to issue Patta in the names of (1) Kulanthairaj, (2) Devadoss, (3) David Raj, who is the legal heirs of the deceased namely Savarimuthu with respect of Old Survey No.1/1A, New Survey No.263/2 to an extent of 0.60.0 Ares situated at Nanjoor Village, Kulathoor Taluk, Pudukkottai District, as per the order of I.T.CMA.No.7/1996, dated 17.07.2001 on the file of the Inam Tribunal (Sub Judge), Pudukkottai by considering the petitioner's representation dated 10.11.2022.

For Petitioner : Mr.E.Balasubramanian For Respondents : Mr.A.Baskaran Additional Government Pleader for R-1 to R-3 R-4 -Tapal returned (Died)

ORDER

The petitioner herein seeks for a direction to the respondents 1 to 3 to issue patta in his name and his siblings in respect of the property situated in Old Survey No.1/1A, New Survey No.263/2 in Nanjoor Village, Kulathoor Taluk, Pudukkottai District by considering the order passed by the Inam Tribunal (Sub Judge), Pudukkottai in I.T.CMA.No.7 of 1996, dated 17.07.2001.

2. It is the case of the petitioner that the subject property has been in possession and enjoyment of the petitioner's family for several years. The Inam Tribunal in the order mentioned above directed issuance of patta in favour of the petitioner's father, Savarimuthu. Inspite of several representations, the petitioner's father has not been issued with patta. Now, the petitioner's father is no more. On the strength of the order passed by the Inam Tribunal, the petitioner submitted instant representation before the official respondents seeking issuance of patta in his name and in the name of his siblings, who are all the other legal heirs of the petitioner's father, Savarimuthu. The same has not

been considered. Hence, the petitioner has come before this Court.

3. The learned Additional Government Pleader, who appears for the respondents 1 to 3, would submit that the subject property is a 'Punjai Tharisu' and the same is already fenced as per the order passed by the District Collector to prevent encroachment.

4. In view of the stand taken by the respondents, this Court, without expressing any opinion on the merits of the matter, is inclined to direct the third respondent to consider the representation of the petitioner dated 10.11.2022 and pass final orders on its own merits within a period of eight (8) weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, the fourth respondent and other interested parties.

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

10.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The District Collector, Pudukkottai District.

2.The Revenue Divisional Officer, Illupur, Pudukkottai District.

3.The Tahsildar, Kulathoor Taluk, Office at Keeranoor, Pudukkottai District.

S.SOUNTHAR,J.

Lm 10.07.2025