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Madras High CourtWP(MD)/30398/2025disposed of

S.Rukumani v. The District Collector

2025-10-28Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.10.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY S.Rukumani ... Petitioner Vs

1. The District Collector, Thoothukudi District.

2. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3. The Tahsildhar, Taluk Office, Ottapidaram, Thoothukudi District.

4. The Deputy Tahsildhar, Taluk Office, Ottapidaram, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents 3 and 4 to issue Joint Patta to include the petitioner's name as well as other legal heirs name as well as name of Pasanthkumar Baddy in Patta No.1111 in respect of land in Survey No.1/1 for an extent of 3 Acres 15 cents situated at Keelamudiman Village, Ottapidaram Taluk, Thoothukudi District the within time frame as stipulate by this Court by 1/5

considering her representations dated 23.01.2025 and 27.01.2025. For Petitioner : Mr. S.Ramasamy For Respondents : Mr.K.Balasubramani Special Government Pleader

O R D E R

After submitting a representation dated 23.01.2025 to the Tahsildar and a further representation dated 27.01.2025 to the District Collector, the petitioner has filed this petition seeking inclusion of her name along with the other legal heirs and Pasantkumar Baddy in patta No.1111.

2. Learned counsel for the petitioner submits that the property in survey No.1/1 of an extent of 3 acres and 15 cents belongs to her father, Narayanasamy Naickar. Upon the death of her father, it is stated that the land was inherited by the four legal heirs, including the petitioner. According to the petitioner one of his brothers, Pachiraj, sold the property to Pasantkumar Baddy and that patta No.1111 was issued.

3. Learned Special Government Pleader accepts notice for all the 2/5

respondents. He submits that the petitioner has failed to implead the other legal heirs of Narayanasamy Naickar, including his brother, Pachiraj. He also points out that Pasantkumar Baddy has not been impleaded and that the petitioner cannot seek this relief without challenging the sale deed in favour of Pasantkumar Baddy.

4. As contended by learning Special Government Pleader, the authority to cancel a patta is vested in the Revenue Divisional Officer and not in the Tahsildar. As on date, the petitioner has not approached the Revenue Divisional Officer by way of appeal. Necessary parties have not been joined in this Writ Petition.

5. Therefore. This Writ Petition is disposed of by leaving it open to the petitioner to approach the Revenue Divisional Officer for cancellation of patta. No costs.

NCS : Yes/No 28.10.2025 Index : Yes / No Internet : Yes / No apd 3/5

To

1. The District Collector, Thoothukudi District.

2. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3. The Tahsildhar, Taluk Office, Ottapidaram, Thoothukudi District.

4. The Deputy Tahsildhar, Taluk Office, Ottapidaram, Thoothukudi District.

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SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN 28.10.2025 5/5