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2025 DAILYLAW 109370 (MAD)

THAMIZHSELVAN v. THE DISTRICT COLLECTOR

WP/7216/2025 · 2025-03-05

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

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1/7 WP No. 7216 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-03-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 7216 of 2025 and WMP No. 8031 of 2025 THAMIZHSELVAN Petitioner(s) Vs 1. The District Collector Dharmapuri District, Dharmapuri 2.The District Revenue Officer Dharmaprui Taluk, Dharmapuri District 3.Sasikumar 4.Muthu 5.Kumar 6.Neelesh Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, call for the records relating to https://www.mhc.tn.gov.in/judis 2/7 WP No. 7216 of 2025 the impugned order passed by the 2nd respondent in Na.Ka. No 1204 / 2021/ P2 dated 13.06.2022 and to quash the same and consequently direct the 2nd respondent to transfer patta in petitioner's favour in respect of the properties comprised in Survey No.175 situated at Thandukaranahalli Village, Palacode Taluk, Dharmapuri District and to pass For Petitioner(s): Mr.C.Prabakaran For Respondent: Mr.P.Sathish Additional Government Pleader for R1 and R2 ORDER This writ petition has been filed challenging the impugned proceedings of the 2 nd respondent dated 13.06.2022 and for a consequential direction to the 2 nd respondent to transfer the patta in the name of the petitioner with respect to the subject property. 2.Heard Mr.C.Prabakaran, learned counsel appearing on behalf of the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing on behalf of respondents 1 and 2. https://www.mhc.tn.gov.in/judis 3/7 WP No. 7216 of 2025 3.The case of the petitioner is that the subject property originally belonged to his great grandfather by virtue of a registered document dated 01.06.1946. The property was bequeathed by the grandfather of the petitioner in his favour. Before the UDR Scheme, the property was in the name of the grandfather. Thereafter, the patta was fraudulently transferred in favour of many persons by subdividing the property. It is under these circumstances, the petitioner made a representation seeking for the mutation of revenue records in his name. The same came to be rejected by the 2 nd respondent through the impugned proceedings dated 13.06.2022 and the same has been put to challenge in the present writ petition. 4.This Court carefully went through the order passed by the District Revenue Officer dated 13.06.2022. The District Revenue Officer has assigned a valid reason while rejecting the claim made by the petitioner and the same is extracted hereunder: epyclikg;gjpt[ nkk;ghl;Lj;jpl;lj;jpy; gl;lh bgw;w egh;fs; gl;lhtpd; mlpg;gilapy; gy;ntW fpiua';fs;/ghfg;gphptpid bra;J bfhz;L https://www.mhc.tn.gov.in/judis 4/7 WP No. 7216 of 2025 cl;gphpt[fs; bra;J gl;lh bgw;Ws;sdh;/ nkYk;. nkw;glp g[y';fs; fle;j 40 Mz;Lfshf vjph;jug;gpd; mDgtj;jpnyna ,Uf;fpd;w fhuzj;jhy;. g[y vz;/175y; ahUf;F chpik cs;sJ vd;gij chpiaapay; ePjpkd;wk; kl;Lnk jPh;khdpf;f ,aYk; vd;gjhy;. Kdjhuh; chpa chpiaapay; ePjpkd;wj;ij mDfp jPh;t[ bgw;Wf;bfhs;s bjhptpf;fg;gLfpwJ/ 5.If various subdivisions had already taken place and the possession of the property has changed hands and this status is continuing for the last 40 years, the District Revenue Officer cannot certainly grant the relief as sought for by the petitioner. The learned counsel for the petitioner submitted that the private respondents were not able to produce even a single title document to establish their title over the property. This issue cannot be gone in to by the District Revenue Officer and that is the reason why the District Revenue Officer has directed the petitioner to workout his remedy before the competent Civil Court. 6.In view of the above discussion, this Court is not inclined to interfere https://www.mhc.tn.gov.in/judis 5/7 WP No. 7216 of 2025 with the order passed by the 2 nd respondent and the same does not not suffer from any illegality or error of law apparent on the face of the order. Accordingly, it is left open to the petitioner to workout his remedy before the competent Civil Court and it is made clear that any of the findings rendered by the District Revenue Officer and the observations made in this writ petition will not have any bearing and the petitioner can independently agitate his right before the competent Civil Court in accordance with law. 7.This writ petition is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petition is closed. 05-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssr https://www.mhc.tn.gov.in/judis 6/7 WP No. 7216 of 2025 To 1.The District Collector Dharmapuri District, Dharmapuri. 2.The District Revenue Officer Dharmaprui Taluk, Dharmapuri District https://www.mhc.tn.gov.in/judis 7/7 WP No. 7216 of 2025 N.ANAND VENKATESH J. ssr WP No. 7216 of 2025 05-03-2025 https://www.mhc.tn.gov.in/judis