Banumathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER Banumathi ... Petitioner -vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Manamadurai Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to transfer the House site to an extent of 2 cents comprised in Survey No.290/34, Manamadurai in favour of the petitioner and to issue patta to her in the light of sale consideration paid by her to Pappa, W/o.Kasinathan by considering the representation of the petitioner dated 10.11.2025 within a time frame as fixed by this Court. For Petitioner : Mr.A.Karthik For Respondents : Mr.B.Ramanathan Additional Government Pleader

ORDER

The present Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents to transfer the house site, measuring 2 cents and comprised in Survey No.290/34, Manamadurai, in favour of the petitioner, and to issue patta to her in view of the sale consideration paid by her to Pappa, W/o.Kasinathan, by considering the petitioner's representation dated 10.11.2025, within the time frame to be fixed by this Court.

2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that an agreement of sale was entered into between her and one Pappa, W/o.Kasinathan, on 13.08.2025, in respect of the subject property. The learned counsel for the petitioner submits that the vendor of the petitioner died on 18.10.2025 and that there are no legal heirs. The petitioner, therefore, has no option but to approach this Court seeking a direction for issuance of Patta in her name in respect of the subject property.

4. Considering the aforesaid submission, this Court is of the view that unless the property has been transferred in the name of the petitioner in accordance with law, the question of granting Patta does not arise. In these circumstances, if the petitioner is still aggrieved, she must approach the competent Civil Court to seek redress, since the correctness of the agreement of sale needs to be examined. However, in accordance with the Tamil Nadu Patta Pass Book Act, 1983, once a representation is given, it has to be disposed of.

5. Accordingly, the second respondent is directed to consider the representation of the petitioner dated 10.11.2025, taking note of all relevant facts, and to pass appropriate orders on merits and in accordance with law. This should be done after giving due opportunity to the petitioner and to all other persons who may be interested in the subject matter, within twelve weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter, and that it is open to the second respondent to consider the same on its own merits. Needless to say, in the event of any rival claims, the parties are at liberty to pursue their remedies before the Civil Court.

6. The Writ Petition stands disposed of with the above direction. There shall be no order as to costs.

NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 19.01.2026 smn2 To:- 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Manamadurai Taluk, Sivagangai District.

K.SURENDER , J.

smn2 19.01.2026