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W.P. No.19276 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.06.2025 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.19276 of 2025 Samarasam Petitioner(s) Vs 1.The District Collector, O/o. The District Collector Office, Cuddalore District. 2.The District Revenue Officer, O/o. The District Revenue Office, Cuddalore District. 3.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Viruthachalam, Cuddalore District. 4.The Tahsildar, O/o. The Tahsildar Office, Titakudi, Cuddalore District. 5.The Village Administrative Officer O/o. The Village Administrative Office, Tolarkudikadu Village, Titakudi Taluk, Cuddalore District. 6.P. Vijayakumar Respondent(s) 1/6 https://www.mhc.tn.gov.in/judis
W.P. No.19276 of 2025 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondents to conducting the proper enquiry on the petitioner representation dated 21.12.2024 and cancel the Patta No.1996 and in Survey No.468/20 as total extent of 35 1/2 cents Tholar Kudikadu Village, Thittakudi Taluk, Cuddalore District issued on the name of 6th respondent Vijayakumar and subsequently restore the original Patta No.127. For Petitioner(s) : Ms.P.Meenakshi for Mr.A.Murthy For Respondent(s) : Mr.R.P.Murugan Raja 1 to 5 Government Advocate ORDER By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 6th Respondent is dispensed with. 2. The present writ petition is filed praying for a writ of mandamus to direct the 2nd respondents to conduct proper enquiry on the petitioner representation dated 21.12.2024 and cancel Patta No.1996 comprised in Survey No.468/20, measuring a total extent of 35 1/2 cents, situated in Tholar Kudikadu Village, Thittakudi Taluk, Cuddalore District, issued in the name of 6th respondent Vijayakumar and subsequently restore the Original Patta No.127. 2/6 https://www.mhc.tn.gov.in/judis
W.P. No.19276 of 2025
3. It is stated by the learned counsel for petitioner that the petitioner's father Karuppasamy was the owner of the property situated at Tholar Kudikadu Village, South Thitakudi Taluk, Cuddalore District, bearing following Survey Numbers: S.No. Survey Extent
1. 461/1B 12.21 ares
2. 469/4B 0.52 ares
3. 468/17B 0.22 ares
4. 468/20G 25 ½ ares
5. 467/16B 0.26 ares
6. 467/12B 0.39 ares
7. 480/11B 0.6 ares
8. 468/27B 0.02 ares
9. 468/5B 0.19 ares
10. 468/1B 0.5 ares
11. 468/22B 0.2 ares
12. 465/5B 0.10 ares
13.
468/18B 0.8 ares
14. 468/22B 0.18 ares
15. 487/10B 0.27 ares
16. 470/6B 0.9 ares
17. 534/6B 0.76 ares
3.1. It is further stated that the petitioner's grandfather Pachaimuthu executed an unregistered Will dated 01.03.1956 in favour of the petitioner's father Karuppasamy. Petitioner's grandfather died on 07.03.1956 and the petitioner's father is stated to be in possession and enjoyment of the said 3/6 https://www.mhc.tn.gov.in/judis
W.P. No.19276 of 2025 property. Petitioner's father also obtained patta in original patta Number 127. The 4th respondent had issued a new patta in Patta Number 1996, however the same was in the name of 6th respondent in respect of survey No.468/20 with regard to an extent of 35 ½ cents situated in Tholar Kudikadu Village, Thittakudi Taluk, Cuddalore District, without putting the petitioner's father on notice. As the petitioner's father had applied for transfer of patta online on 05.10.2024 which was also duly acknowledged by 4th respondent. While so, petitioner's father died on 12.11.2024 leaving behind petitioner, his mother and his sister Vasantha, thereafter, the petitioner applied to 3rd respondent for transfer of patta vide representation dated 21.02.2024. In the circumstances, the same is stated to be kept pending. Aggrieved, petitioner has filed the present writ of mandamus to direct the 2nd respondent to conduct an enquiry on the representation dated 21.12.2024 and to cancel the patta in Survey No.468/20 and restore the original patta No.127. 4. On this being pointed out, Mr.R.P.Murugan Raja, learned Government Advocate for respondents would submit that they may have to cancel the patta already issued to the petitioner, which power is vested with the 3rd respondent and that there may be a direction to the 3rd respondent to consider the representation and pass appropriate orders in accordance with law within the 4/6 https://www.mhc.tn.gov.in/judis
W.P. No.19276 of 2025 time stipulated by this Court. Agreed to by the learned counsel for petitioner. 5.
In view thereof, the writ petition stands disposed of with a direction to the 3rd respondent to consider the representation and issue / transfer patta in petitioner's name after hearing the petitioner, 6th respondent, petitioner's mother, sister and any other interested party, including rival claimants, if any, within a period of 16 weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law. No costs. 11.06.2025
Speaking (or) Non Speaking Order Index : Yes/ No Neutral Citation: Yes/No mka 5/6 https://www.mhc.tn.gov.in/judis
W.P. No.19276 of 2025 MOHAMMED SHAFFIQ, J. mka To: 1.The District Collector, O/o. The District Collector Office, Cuddalore District. 2.The District Revenue Officer, O/o. The District Revenue Office, Cuddalore District. 3.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Viruthachalam, Cuddalore District. 4.The Tahsildar, O/o. The Tahsildar Office, Titakudi, Cuddalore District. 5.The Village Administrative Officer O/o. The Village Administrative Office, Tolarkudikadu Village, Titakudi Taluk, Cuddalore District. W.P. No.19276 of 2025 11.06.2025 6/6 https://www.mhc.tn.gov.in/judis