Shanmugam v. The District Collector

ORDER This Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to cancel the Patta issued in favour of the fourth respondent in respect of the property comprised in Survey Nos.103/21, 333/3, 333/6, 333/7, 347/1, 348/3, 348/4 and 350, situated at Kullapuram Village, Periyakulam Taluk, Theni District, within the time stipulated by this Court, based on the petitioner's representation dated 26.07.2024.

¶2The learned counsel for the petitioner submits that the subject properties originally belonged to the petitioner's grandfather and, upon his demise, the same devolved upon his legal heirs. The revenue records stood in the name of the petitioner's grandfather, and thereafter, the petitioner and other legal heirs have been in peaceful possession and enjoyment of the said properties. While so, the fourth respondent, who is in no way connected with the subject properties, has somehow managed to transfer the properties in their favour by creating fraudulent documents and by impersonation, and has also caused the mutation of the revenue records in their favour. Hence, the petitioner made a representation dated

26.07.2024 to the second respondent, seeking cancellation of the Patta issued in favour of the fourth respondent. Since the said representation has not been considered till date, the petitioner has approached this Court by filing the present Writ Petition.

¶3The learned Government Advocate appearing for the respondents 1 to 3 would submit that the competent authority is the second respondent and that the second respondent would pass appropriate orders on merits and in accordance with law within a time frame to be fixed by this Court.

¶4Recording the above submission, and without expressing any opinion on the merits of the matter, this writ petition is disposed of with a direction to the second respondent to consider the petitioner's representation 26.07.2024, on merits and pass appropriate orders in accordance with law after providing reasonable opportunity of hearing to the petitioner, the fourth respondent and any other persons, who may be affected by such decision, within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No

27.01.2026 smn2 To:-

1.The District Collector, Theni District.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Periyakulam, Theni District.

3.The Tahsildar, Periyakulam Taluk, Theni District. K.SURENDER

, J.

smn2

27.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2026 CORAM: THE HONOURABLE MR.JUSTICE K.SURENDER Shanmugam ... Petitioner -vs- 1.The District Collector, Theni District. 2.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Periyakulam, Theni District. 3.The Tahsildar, Periyakulam Taluk, Theni District. 4.M/s.Raj Factories and Accessories Ltd., Rep. by its Authorized Person, No.338, Avinasi Road, Pela Medu, Coimbatore. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to cancel the Patta issued in favour of the fourth respondent in respect of the property comprised in S.Nos.103/21, 333/3, 333/6, 333/7, 347/1, 348/3, 348/4 and 350, situated at Kullapuram Village, Periyakulam Taluk, Theni District, within the time stipulated by this Court, on the basis of the representation dated 26.07.2024. For Petitioner : Mr.C.Senthil Murugan For R1 to R3 : Mr.R.Ragavendran Government Advocate For R4 : Mr.V.Janaki Ramulu