T.Kumar v. The State of Tamil Nadu

ORDER The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned notice dated 12.02.2026 in D1/R.P.No.04/2024 (L.Ref) issued by the 2nd respondent and consequently forbear the 2nd respondent from reopening or rehearing the concluded proceedings.

2.The brief facts of the case are that the petitioners' father purchased the property in survey No.52/1, to an extent of 1 acre 80 cents in Nattathi Village in Document No. 139/1981 on 30.03.1981. Thereafter, the petitioners' father was in possession of the property. After mutation of revenue records, the respondents issued notice under Section 9(2)(b) of Tamil Nadu Land Reforms Act to the Late.Muthu Vaikunda Nadar who is the father's vendor but the said person has not disclosed the fact that the said land was sold to the petitioners' father Thangapandi. Therefore, the respondents have not issued any notice to the said Thangapandi. Subsequently, the said proceedings was heard and concluded, in which the land was declared as a surplus. Based on the order, a portion of the land was assigned to one Narayanan on 31.08.2007. In the meanwhile, the petitioners' father died on 19.05.2007 and is succeeded by the legal heirs of Thangapandi. The petitioners had attended the proceedings and adjudicated the same. After elaborate arguments, the Commissioner of Land Reforms allowed the R.P.No.17 of 2013 vide order dated 09/07/2014, thereby the assignment given to Narayanan was cancelled and it was directed to restore the patta in the name of the legal heirs of Thangapandi. Thereafter, patta was also granted vide order dated 01/01/2015 to the petitioners / the legal heirs of Thangapandi.

3.In the meanwhile, Narayanan filed W.P.(MD).Nos.23240 of 2015 and 8960 of 2016 to set aside the order dated 09/07/2017. The said writ petitions were taken up and a common order was passed, vide order dated. 28.11.2023 wherein the matter was remanded to the Land Commissioner for fresh consideration. Based on the remand order, the case was reheard in R.P.No.4 of 2024 and a final order was passed on 03/02/2026, wherein it is held as under: "11. Further, the case was posted for another hearing on 21.01.2026. On that day the petitioner Thiru R.Narayanan offered his willingness in writing for getting alternate land to an extent of 1.69 acres in SF.No. 596/2B of Kodaganallur Village, Tirunelveli District after his inspection of the above said land. (Annexure 7) " The said order states that the said Narayanan's assignment was cancelled. Moreover, he was granted alternative land to an extent of 1 acre 69 cents in Survey No.596/2B in Kodungallur Village. Therefore, the said Narayanan is also not interested in the litigation at all.

4.When the matter being so and when the entire issue has been settled, the present impugned notice has been issued for rehearing the case which is totally unnecessary. Hence, the impugned notice is quashed and the original revision order, dated 09/07/2014 is restored and the consequential patta issued on 29.01.2015 is restored in the name of the petitioner.

5.With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 24-03-2026 Tmg To

1.Principal Secretary to Government Revenue Department Secretariat Chennai.

¶2The Principal Commissioner and Commissioner of Land Reforms Chepauk Chennai - 600 005.

¶3The Revenue Divisional Officer Thiruchendur Division Thoothukudi.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-03-2026 CORAM THE HONOURABLE MRS JUSTICE S.SRIMATHY WP(MD) NO. 5843 of 2026 and WMP(MD)No.4873 of 2026 1. T.Kumar 2. S.MANORANJITHIAM 3. T.ANANTHALATHA 4. T.ANNAM 5. MUTHUPUSHPAM 6. CALEB RAJA Petitioner(s) Vs 1. The State of Tamil Nadu Rep. by its Principal Secretary to Government Revenue Department Secretariat Chennai. 2. The Principal Commissioner and Commissioner of Land Reforms Chepauk Chennai - 600 005. 3. The Revenue Divisional Officer Thiruchendur Division Thoothukudi. Respondent(s) For Petitioner(s): Mr.S.R.Sundar for Mr.K. Moorthy For Respondent(s): Mr.D.Gandhiraj, Special Government Pleader 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 relating to the impugned notice dated 12.02.2026 in D1/R.P.No.04/2024 (L.Ref) issued by the 2nd respondent and quash the same and consequently forbear the 2nd respondent from reopening or rehearing the concluded proceedings.