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2025 DAILYLAW 228249 (MAD)

Arumugam M v. The Secretary to Government

WP(MD)/32734/2025 · 2025-11-18

Senthilkumar Ramamoorthy

Transfer Petitionbody2025

Judgment text

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W.P(MD)No. 32734 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.11.2025 CORAM: THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No. 32734 of 2025 M.Arumugam ... Petitioner Vs 1. The Secretary to Government, Revenue Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009. 2. The Principal Secretary And Commissioner of Land Administration, Land Administration Department, Chepauk, Chennai - 600 005. 3. The District Collector, Ramanathapuram, Ramanathapuram District. 4. The Revenue Divisional Officer, Ramanathapuram District. 5. The Tahsildar, O/o. Tahsildar Ramanathapuram, Vandikara Street, Ramanathapuram Taluk, 1/9 https://www.mhc.tn.gov.in/judis W.P(MD)No. 32734 of 2025 Ramanathapuram District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records, relating to the impugned order dated 01.09.2025 of the third respondent in his proceedings Ni.Mu.Pi2/22892/2025 and quash the same and consequently, direct the third respondent to provide personal hearing to the petitioner to put forth his case and thereafter conclude and enquiry and to restore the original classification of lands measuring an extent of 1 Acre 13 Cents in S.No.60/1 of Mandapam Village, Ramanathapuram Taluk, Ramanathapuram District from as Private land (Patta Land). For Petitioner : Mr. A.Ilayaperumal For Respondents : Mr.K.R.Badurus Zaman Government Advocate O R D E R An order dated 01.09.2025 of the District Collector rejecting the petitioner's request for restoration of the original classification of lands measuring 1 acre 13 cents in survey No.60/1 of Mandapam Village, Ramanathapuram Taluk, is challenged in this Writ Petition. 2. The petitioner asserts that the above mentioned lands stood in the name of one K.Gopalan Iyer and that the name of the pattadar is recorded in proceedings dated 12.10.1954 of the Board of Revenue 2/9 https://www.mhc.tn.gov.in/judis W.P(MD)No. 32734 of 2025 (Settlement of Estates). The petitioner states further that his grandfather's sister, Thottichiammal, worked in the house and garden of the said Gopalan Iyer. In those circumstances, it is stated that Gopalan Iyer executed an unregistered Will in favour of Thottichiammal. According to the petitioner, the said Thottichiammal died unmarried and the property was inherited by the petitioner's grandfather, Vellaiyan. The petitioner traces title in this manner. 3. Learned counsel for the petitioner contends that the impugned order is liable to be interfered with due to the failure of the District Collector to provide a reasonable opportunity to the petitioner in the form of a personal hearing. If such opportunity had been provided, learned counsel submits that the petitioner would have placed on record the proceedings of the Board of Revenue dated 12.10.1954. 4. Learned Government Advocate accepts notice for all the respondents. He submits that this order was issued pursuant to the order dated 10.06.2025 of this Court in W.P.(MD) No.25252 of 2022. As per the said order, learned Government Advocate states that the fifth 3/9 https://www.mhc.tn.gov.in/judis W.P(MD)No. 32734 of 2025 respondent therein was directed to submit a report before the District Collector within six (6) weeks and the District Collector, in turn, was directed to pass orders on merits within a further period of eight (8) weeks. Learned Government Advocate submits further that the order impugned herein was issued in strict compliance with the directions of this Court. Learned Government Advocate also submits that the Tahsildar had issued an inquiry notice and provided an opportunity to the petitioner while complying with the above directions. 5. On perusal of the order impugned herein, it is noticeable that the first reference is to the petition filed by the petitioner on 29.07.2021. The order of this Court has also been referred to. Thereafter, relevant documents starting from the 1958 Settlement Register, the 1986 UDR Register and the Will dated 15.02.1962 have been taken into consideration. 6. After considering the above material documents, in relevant part, the following findings were recorded: “kDjhuupd; Nfhupf;ifahdJ ,uhkehjGuk; khtl;lk; kw;Wk; tl;lk;> kz;lgk; fpuhkk;> Gy vz; 60/1 4/9 https://www.mhc.tn.gov.in/judis W.P(MD)No. 32734 of 2025 MdJ Kd;G fp.Nfhghy; Iau; vd;gtUf;F ghj;jpag;gl;ljhf ,Ue;jJ vd;Wk;> kDjhuu; je;ij top jhj;jhthd nts;isad;> mtuJ rNfhjup njhl;br;rp mk;khSf;F 15.02.1962 Mk; Njjpa capy; rhrdk; Mtzk; %yk; ghj;jpag;gLj;jp vOjpf;nfhLj;Js;shu;. Nkw;gb njhl;br;rp mk;khs; jpUkzk; Mfhky; Foe;ijfs; ,d;wp ,we;J tpl;ljhy; thupRfs; mbg;gilapy; thupRjhuu;fSf;F jdpg;gl;lh toq;FkhW Nfl;Lf;nfhz;Ls;shu;. gl;lh jhthg;Gyk; 60/1 vd;gJ A.b.Mu;-f;F Kd; kw;Wk; UDR fhyj;jpy; muR Gwk;Nghf;F - kPdtu; FbapUg;G vd gjpthfp te;Js;sJ. gpd; Nkw;gb Gyj;jpy; FbapUe;J tUk; 29 egu;fSf;F ,uhkehjGuk; khtl;l Ml;rpaupd; nray;Kiw Mizfs; ep.K.gp2/39337/2023> ehs;:11.08.2023-,d;gb tPl;Lkidg; gl;lh toq;f 0.18.35 n`f;Nlu; gug;gpid ej;jkhf tifghL khw;wk; nra;J toq;fg;gl;Ls;sJ. ,ju ,lq;fs; muR Gwk;Nghf;F - kPdtu; FbapUg;G vd cs;sJ. ,jpy; jw;NghJ tPl;Lkid xg;gil ngw;w 29 kPdtu;fs; tPLfl;b FbapUe;J tUtjhfTk;> NkYk; khz;gik ePjpkd;wk; cj;jutpd;gb tl;lhl;rpauhy; kDjhuiu 16.07.2025 md;W tprhuiz nra;ag;gl;L midj;J Mtzq;fSk; ngwg;gl;Ls;sJ vd;gJ tl;lhl;rpau; mwpf;ifapd; %yk; njupa tUfpwJ. vdNt> kDjhuu; jhthg;Gyj;jpw;F 5/9 https://www.mhc.tn.gov.in/judis W.P(MD)No. 32734 of 2025 cupik Nfhup jhf;fy; nra;Js;s 15.02.1962 capy; rhrdk; gjpT nra;ag;glhj Mtzkhf cs;sjhy; guprpyidf;F vLj;J nfhs;s khu;f;fkpy;iy vd KbT nra;ag;gLfpwJ.” 7. As is noticeable from the above extract, the District Collector took note of the fact that the petitioner was claiming under an unregistered Will in favour of Thottichiammal. The District Collector also noticed that from the year 1962, the land had been classified as 'Sarkar Poramboku Fishermen's Residence' and that 29 persons are residing therein upon being issued a house site patta. In those circumstances, the petitioner's request has been declined. 8. The principles of natural justice cannot be put in a straightjacket. The representation of the petitioner and all material documents, including documents reflecting the name of Gopalan Iyer, were duly taken into consideration. In exercising discretionary jurisdiction, I see no reason to interfere. Therefore, this Writ Petition is dismissed without any order as to costs. 6/9 https://www.mhc.tn.gov.in/judis W.P(MD)No. 32734 of 2025 NCS : Yes/No 18.11.2025 Index : Yes / No Internet : Yes / No apd To 1. The Secretary to Government, Revenue Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009. 2. The Principal Secretary And Commissioner of Land Administration, Land Administration Department, Chepauk, Chennai - 600 005. 3. The District Collector, Ramanathapuram, Ramanathapuram District. 4. The Revenue Divisional Officer, Ramanathapuram District. 5. The Tahsildar, O/o. Tahsildar Ramanathapuram, Vandikara Street, Ramanathapuram Taluk, Ramanathapuram District. 7/9 https://www.mhc.tn.gov.in/judis W.P(MD)No. 32734 of 2025 SENTHILKUMAR RAMAMOORTHY.,J. apd ORDER MADE IN W.P(MD)No. 32734 of 2025 18.11.2025 8/9 https://www.mhc.tn.gov.in/judis W.P(MD)No. 32734 of 2025 9/9 https://www.mhc.tn.gov.in/judis