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2026 DAILYLAW 45977 (MAD)

Revathi K v. The District Collector

WP(MD)/18612/2026 · 2026-07-03

S Srimathy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(MD). No.18612 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/07/2026 CORAM THE HONOURABLE MRS. JUSTICE S.SRIMATHY WP(MD). No.18612 of 2026 and WMP(MD).Nos.13781 and 13782 of 2026 Revathi K ... Petitioner Vs 1. The District Collector, Thoothukkudi District, Thoothukkudi.. 2. The District Revenue Officer, District Collector Office,Thoothukkudi District.. 3. The Revenue Divisional Officer, Thoothukudi Revenue Division, Thoothukkudi.. 4. The Tahsildar, Thoothukudi Taluk, Thoothukkudi. ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the 2nd respondent made in proceedings Na.Ka.D6-3683942/2025 dated 11.06.2026 and to Quash the same and to direct the respondents to restore the Patta No.3447 with respect to the land in S.No.1705/1 of Meelavittan Bit-II Village, Thoothukudi Taluk, Thoothukudi District by rectify the anomaly in the 1/7 https://www.mhc.tn.gov.in/judis WP(MD). No.18612 of 2026 Revenue Records during the UDR. For Petitioner : Mr. S. Bala Karthick, Advocate. For Respondent : Mr.I. Pinaygash, Government Advocate (Crl.Side) ORDER This Writ Petition has been filed seeking to call for the records pertaining to the proceedings of the second respondent in Na. Ka. D6/3683942/2025, dated 11.06.2026, and to quash the same and consequently direct the respondents to restore Patta No.3447 in respect of the property comprised in Survey No.1705/1 of Meelavittan Bit-II Village, Thoothukudi Taluk, Thoothukudi District, by rectifying the anomaly in the revenue records during the UDR proceedings. 2. The case of the petitioner is that she is claiming right over the property comprised in Survey No.1705/1, corresponding to Survey No. 1705/3A2, based on the judgment and decree passed in O.S.No.4 of 2021 on the file of the II Additional District Court, Thoothukudi. 3. It is submitted that the petitioner had earlier filed W.P.(MD) No. 2/7 https://www.mhc.tn.gov.in/judis WP(MD). No.18612 of 2026 19114 of 2025, wherein this Court, by order dated 16.07.2025, directed the respondents to consider the petitioner's request and pass appropriate orders. Since no orders were passed pursuant to the said direction, the petitioner filed Contempt Petition (MD) No.719 of 2026. Thereafter, the second respondent passed the impugned order dated 11.06.2026. In the meantime, the respondents have also preferred a First Appeal in A.S. (MD) Sr.No.47036 of 2026, along with an application to condone the delay of 991 days, which is pending at the admission stage. The petitioner had sought time to file a counter in the delay condonation application. In the meanwhile, the petitioner's request for restoration of patta came to be rejected by the impugned order, challenging it the present Writ Petition has been filed. 4. The learned counsel appearing for the petitioner submitted that the impugned order proceeds on the ground that the petitioner has not produced relevant records for grant of patta. However, in the very same impugned order, it has been specifically recorded that the petitioner had produced the SLR, village records, kist receipts, adangal and property tax receipts. Therefore, when the petitioner had produced the relevant 3/7 https://www.mhc.tn.gov.in/judis WP(MD). No.18612 of 2026 documents, the finding that no documents were produced is factually incorrect and the impugned order is liable to be interfered with. 5. The learned counsel for the petitioner further submitted that the petitioner has also produced the patta issued in the year 1986 and the legal heir certificates relating to her grandfather Madasamy and her father Kasi. According to the petitioner, all relevant documents have been placed before the authorities for consideration. 6. This Court has considered the submissions made by the learned counsel appearing for the petitioner as well as the Counsel for State and perused the materials available on record. 7. When the petitioner has produced the relevant revenue records and other supporting documents, the observation of the second respondent that the petitioner has not produced any relevant documents cannot be sustained. Further, the petitioner is also armed with a judgment and decree passed by the competent civil court in her favour. The pendency of the appeal proceedings initiated by the respondents cannot, 4/7 https://www.mhc.tn.gov.in/judis WP(MD). No.18612 of 2026 by itself, be a ground to reject the petitioner's request for restoration of patta. 8. In view of the above, this Court is of the considered view that the impugned order dated 11.06.2026 passed by the second respondent in Na.Ka.D6/3683942/2025 cannot be sustained and the same is liable to be set aside. Accordingly, the impugned order is set aside. The respondents are directed to restore Patta No.3447 in favour of the petitioner in respect of the property comprised in Survey No.1705/1 of Meelavittan Bit-II Village, Thoothukudi Taluk, Thoothukudi District. However, it is made clear that such restoration of patta shall be subject to the final outcome of the First Appeal and any further civil proceedings between the parties. The revenue authorities shall make necessary corrections in the revenue records accordingly. 9. Accordingly, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 03.07.2026 Index : yes / no Internet : yes / no 5/7 https://www.mhc.tn.gov.in/judis WP(MD). No.18612 of 2026 TRP TO 1. The District Collector, Thoothukkudi District, Thoothukkudi.. 2. The District Revenue Officer, District Collector Office,Thoothukkudi District.. 3. The Revenue Divisional Officer, Thoothukudi Revenue Division, Thoothukkudi.. 4. The Tahsildar, Thoothukudi Taluk, Thoothukkudi. 6/7 https://www.mhc.tn.gov.in/judis WP(MD). No.18612 of 2026 S.SRIMATHY,J TRP ORDER IN WP(MD) No.18612 of 2026 Date : 03/07/2026 7/7 https://www.mhc.tn.gov.in/judis