Minor Roshan v. The District Collector

ORDER This writ petition has been filed to restrain the 2nd respondent from mutating Patta Nos. 1453 and 1628 in respect of the lands situate in R. S. Nos. 204/1 345/7, 346/8, 539/9 and 538/10 Alathur Village, Sankarapuram Tauk, Kallakurichi District by considering the petitioner's representation dated

23.07.2021.

¶2The learned counsel for the petitioner would submit that in this case, there is a dispute over the title of the subject property and with regard to the same, a suit is also pending. Under these circumstances, the 3rd respondent is making attempts to mutate the patta, pertaining to the said property. Hence, this petition.

¶3In reply, the learned counsel for the respondents would submit that the patta is not yet mutated. Further, he would submit that even if any application/representation is filed by the 3rd respondent, the same will be considered after issuing due notice to the petitioner.

¶4He would also submit that Revenue Divisional Officer (RDO) is the Authority for mutation of patta, however, the petitioner's representation was filed before 2nd respondent-District Revenue Officer (DRO). Hence, he requests this Court to direct the petitioner to file a fresh representation before RDO.

¶5Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

¶6In the case on hand, it appears that there is a dispute over the title of the subject property and with regard to the same, a suit is also pending. Under these circumstances, the 3rd respondent is making attempt to mutate the patta, pertaining to the said property.

¶7On the other hand, today, it was submitted by the respondents that the patta is not yet mutated. It was also pointed out that the petitioner's representation has to be filed before RDO, who is the Authority concerned for mutation of patta.

¶8In view of the above, the petitioner is directed to file a fresh representation, along with a copy of this order, before the Revenue Divisional Officer. Thereafter, if any application/representation is filed by the 3rd respondent or any other 3rd parties, for mutation of patta pertaining to the subject property, the same shall be considered by the concerned RDO after issuing due notice to the petitioner.

¶9With the above directions, this writ petition is disposed of. No cost. Consequently, the connected miscellaneous petition is also closed. 15-04-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.The District Collector District Collectorate, Kallakurichi.

2.The District Revenue Officer Collector Office Building, Kallakurichi. Copy to

3.The Revenue Divisional Officer, Kallakurichi KRISHNAN RAMASAMY J. nsa 15-04-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-04-2026 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 18410 OF 2021 Minor Roshan Rep by Mother and Natural Guardian M. Valarmathi, W/o. Late. A.S. Mohan, 179, Ayya Street, Allathur Village, Sankarapuram Taluk, Kallakurichi District. Petitioner(s) Vs 1. The District Collector District Collectorate, Kallakurichi. 2.The District Revenue Officer Collector Office Building, Kallakurichi. 3.S. Manikavasagan S/o. Sreenivasa Pillai, H-64, T-4, Kurinji Apartment, Thiruvallurvar Nagar, Thiruvanmiyur, Chennai. Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the 2nd respondent from mutating Patta Nos. 1453 and 1628 in respect of the lands situate in R. S. Nos. 204/1 345/7, 346/8, 539/9 and 538/10 Alathur Village, Sankarapuram Tauk, Kallakurichi District by considering the petitioners representation dated 23.07.2021. For Petitioner(s): Mr.P.Valliappan, Sr.counsel for PV Law Associates For Respondent(s): Mr.T.K.Saravanan, AGP for R1 & 2 R3 – No Appearance