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2025 DAILYLAW 9049 (MAD)

K.DILLIBABU v. THE DISTRICT COLLECTOR

WP/12603/2025 · 2026-07-20

Krishnan Ramasamy

Transfer Petitionbody2025

Judgment text

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WP No. 12603 of 2025 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 12603 of 2025 K.Dillibabu S/o D. Krishnan No 06 Chidambaraswamigal 2nd Street (thiruorur Srimath Chidambraswaigal Nagar) Near Balaji Nagar, Thiruporur Chenglpattu District 603 110 ..Petitioner(s) Vs 1. The District Collector Chengalpattu, Chengalpattu District 2. The District Revenue Officer Chengalpattu, Chengalpattu District 3. The Sub Collector Chengalpattu Revenue Sub Division, Chengalpattu District 4. The Tahsildar Thiruporur Taluk, Thiruporur, Chengalpattu District 5. The Joint Commissioner Of Hindu Religious And Charitable Endowments Department, Kancheepuram 6. The Executive Officer Arulmigu Kandasamy Thirukoil, Thiruporur, Chengalpattu District 7. The Executive Officer Thiruporur Special Grade Town Panchayat, Thiruporur, Chengalpattu District ..Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 12603 of 2025 __________ Page2 of 6 Prayer: writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus to direct the 2nd respondent to consider and pass orders on the representation of the petitioner dated 10.01.2024 for cancellation of the patta issued by the 4th respondent in favour of Arulmigu Kandasamy Thirukoil, thiruporur village, Thiruporur Taluk, Chengalpattu Distrct is concerned and for grant of Patta to the petitioner in respect of his house at No 06, chidambaraswamigal 2nd street, Thirupour srimath chidambara swamigal Nagar, near Balaji nagar, Thiruporur, chenglapattu District 603 110 and situated within the land comprised in Survey no 95 in Thiruporur village Thiruporur Taluk, Chengalpattu District, within a stipulated period of time in accordance with law and merits and after giving an opportunity of personal hearing to the petitioner and to pass For Petitioner(s): Mr.R.Prem Narayan For Respondent(s): Ms.Inthu Karunakaran, Government Counsel for R1 to R4 Mr.M.Veerabatharan Prasanth, Government Counsel (HR and CE) for R5 to R7 Order This Writ Petition has been filed to direct the 2nd respondent to consider the representation of the petitioner dated 10.01.2024 for the cancellation of the patta issued by the 4th respondent in favour of Arulmigu Kandasamy Thirukoil, Thiruporur village, Thiruporur Taluk, Chengalpattu District. 2. The learned counsel for the petitioner submitted that the petitioner has been a resident of Chidambaraswamigal 2nd Street, Thiruporur Srimath https://www.mhc.tn.gov.in/judis WP No. 12603 of 2025 __________ Page3 of 6 Chidambara Swamigal Nagar, near Balaji Nagar, Thiruporur, Chengalpattu District 603 110, for more than 20 years. The land in S.F. No. 95 of the aforementioned village measures about 17.23 acres. Out of the said extent of land, Chidambaraswamigal Nagar is comprised of 3 acres of land, where about 300 families are residing. The subject land was classified as "Thoppu Poromboke" in the Survey and Settlement Register of Thiruporur Village for the year 1877. While that being so, during the implementation of the UDR scheme, the land in S.F. No. 95 of Thiruporur Village was erroneously recorded as land belonging to Arulmigu Kandasamy Thirukoil, Thiruporur, and a patta was issued to the said temple for the entire 17.23 acres of land. On the strength of the patta, the 5th respondent has initiated proceedings under Section 78(2) against the residents of Chidambaraswamigal Nagar, and a notice was issued. The residents, including the petitioner, participated in the enquiry proceedings. In the meanwhile, the petitioner submitted several representations to the respondent to cancel the patta issued in favour of Arulmigu Kandasamy temple. Since no fruitful result has been yielded till date, the petitioner has approached this Court. 3. The learned Government Counsel appearing for the 4th respondent submitted that out of the total 17.23 acres of land, three acres have been occupied and the remaining portion is in the possession of the temple. He further submitted that the patta was issued and has stood in the name of the https://www.mhc.tn.gov.in/judis WP No. 12603 of 2025 __________ Page4 of 6 temple for more than four decades, and now, all of a sudden, the petitioner is claiming possession. He contended that the petitioner is an encroacher on the temple land, and hence, appropriate proceedings have been initiated. 4. Heard both sides and also perused the materials available on record. 5. It appears that in the present case, the patta was issued in favour of the respondent temple. Counsel for the petitioner referred to the Survey and Settlement Register, which is said to have been obtained in the year 1877, and a copy of the same has also been produced before this Court. The veracity of these documents cannot be decided under Article 226 of the Constitution of India. The dispute involves a direct conflict between an 1877 revenue register and a 40-year-old active patta, which requires extensive trial and evidence. A Writ Court cannot test the authenticity, truth, or validity of ancient public records or revenue entries without formal cross-examination. It is the duty of the petitioner to approach the Civil Court to prove his title in the manner known to law. 6. Accordingly, this Writ Petition is dismissed. No costs. 20-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK https://www.mhc.tn.gov.in/judis WP No. 12603 of 2025 __________ Page5 of 6 To 1. The District Collector Chengalpattu, Chengalpattu District 2. The District Revenue Officer Chengalpattu, Chengalpattu District 3. The Sub Collector Chengalpattu Revenue Sub Division, Chengalpattu District 4. The Tahsildar Thiruporur Taluk, Thiruporur, Chengalpattu District 5. The Joint Commissioner Of Hindu Religious And Charitable Endowments Department, Kancheepuram 6. The Executive Officer Arulmigu Kandasamy Thirukoil, Thiruporur, Chengalpattu District 7. The Executive Officer Thiruporur Special Grade Town Panchayat, Thiruporur, Chengalpattu District https://www.mhc.tn.gov.in/judis WP No. 12603 of 2025 __________ Page6 of 6 KRISHNAN RAMASAMY J. sk WP No. 12603 of 2025 20-07-2026 https://www.mhc.tn.gov.in/judis