Rakku v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD)Nos.19880 to 19882 of 2025 Rakku ... Petitioner vs.

1.The District Collector, Office of Collectorate, Sivagangai District.

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

3.The Sub Registrar, Sivagangai Taluk, Sivagangai District.

4.The Tahsildar, Sivagangai Taluk, Sivagangai District.

5.The Zonal Deputy Tahsildar, O/o.the Tahsildar, Sivagangai, Sivagangai District.

6.Pitchai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the fourth respondent in his proceedings Na.Ka.No.A3/615/2025 dated 11.06.2025 and quash the same as illegal and consequently, to direct him to restore the patta in the name of the petitioner's father viz., Subramanian qua the land comprised in S.No.80/3B2B, to an extent of 18.75 Ares (51 Cents), situated in Matthur Village, Sivagangai Taluk, Sivagangai District, within the period that may be stipulated by this Court. For Petitioner : Ms.H.Jasima Yasmin for M/s.Ajmal Associates For R1 to R5 : Mr.P.Subbaraj Special Government Pleader For R6 : Mr.Jerin Mathew for Mr.T.Palanisamy

ORDER

This Writ Petition has been filed seeking to quash the order passed by the fourth respondent in his proceedings in Na.Ka.No.A3/615/2025 dated 11.06.2025, and consequently, to direct him to restore the Patta in the name of the petitioner's father, viz., Subramanian, in respect of the land comprised in S.No.80/3B2B, to an extent of 18.75 Ares (51 cents), situated in Matthur Village, Sivagangai Taluk, Sivagangai District, within such time as may be stipulated by this Court.

2.The entire facts need not be stated, since only a short question is involved in the present writ petition.

3. According to the petitioner, the Patta in respect of the subject land originally stood in the name of her father and thereafter, the same was transferred in the name of the sixth respondent. Therefore, the petitioner has approached this Court by filing W.P.(MD)No.3217 of 2025. By order dated 07.02.2025, this Court set aside the order impugned in that Writ Petition and directed the fourth respondent / Tahsildar to hear the matter afresh and pass appropriate orders.

4. In pursuance of the said direction, the fourth respondent has passed the impugned order rejecting the petitioner's request on the ground that, in matters relating to cancellation of Patta, an appeal has to be filed before the Revenue Divisional Officer under Section 14 of the Tamil Nadu Patta Pass Book Act, 1983. As already noted, the Patta issued in favour of the sixth respondent had already been cancelled, and therefore, the question of filing an appeal before the Revenue Divisional Officer does not arise.

5. At this juncture, the learned Special Government Pleader appearing for the respondents 1 to 5 submits that the fourth respondent / Tahsildar undertakes to conduct a fresh enquiry and thereafter issue Patta.

6. Recording the aforesaid submission, the impugned order is set aside, and the matter is remitted back to the fourth respondent / Tahsildar, who shall hear the matter afresh and after affording an opportunity to the petitioner as well as the sixth respondent, pass appropriate 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. Needless to say, all interested parties shall be put on notice during the enquiry, and thereafter, the enquiry shall be conducted and all the civil issues and disputes shall be duly considered.

7. Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 10.12.2025 smn2

To:- 1.The District Collector, Office of Collectorate, Sivagangai District.

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

3.The Sub Registrar, Sivagangai Taluk, Sivagangai District.

4.The Tahsildar, Sivagangai Taluk, Sivagangai District.

5.The Zonal Deputy Tahsildar, O/o.the Tahsildar, Sivagangai, Sivagangai District.

K.SURENDER , J.

smn2 10.12.2025