Sumathi v. The District Collector

ORDER The present writ petition is filed to quash the impugned order dated 16.04.2025.

¶2Heard Mr.A.Sankararamasubramanian, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who takes notice on behalf of the respondents.

¶3Upon hearing the learned counsel appearing for the petitioner and perusing the material records of the case, the grievance of the petitioner is that the impugned order dated 16.04.2025 has been passed by the 1st respondent upon a petition filed by a third party, stating that the land in S.No.686/2B2B, admeasuring an extent of 0.09.70 hectares (24 cents), situated at Alangulam Village, Alangulam Taluk, Tenkasi District, belongs to one Masilamani, who is deceased and that there are no legal heirs and therefore, the land should vest with the Government. The 1st respondent considered the said representation pursuant to the direction issued by this Court in W.P.(MD).No.329 of 2025.

¶4After considering the entire matter, the impugned order has been passed directing the registering authorities, viz., respondents 3 and 4 to cancel all the documents. It is stated that pursuant to the impugned order an entry has also been made in the encumbrance register, as if all the documents have been ordered to be cancelled. Aggrieved by the same, the petitioner is before this Court.

¶5The learned counsel for the petitioner would submit that the land belongs to the petitioner. However, when the registered sale deed was ordered to be cancelled, no opportunity whatsoever was granted to the petitioner and no enquiry was conducted by involving the petitioner.

¶6The learned Special Government Pleader appearing on behalf of the respondents would submit that the 1st respondent issued the necessary advisory to the respondents 3 and 4 after finding that the land is Government land.

¶7I have considered the rival submissions made on either side and perused the material records of the case.

¶8The impugned order at best would amount to the opinion of the 1st respondent and would not be automatically binding on the petitioner or any other party. Whenever a letter is issued stating that the land is Government interest land and requiring cancellation or refusal of registration under Section 22A, it is for respondents 3 and 4 to conduct an enquiry. The order of the Collector by itself would not be binding on the 3rd respondent before making the necessary entry in the encumbrance register as directed by the Hon'ble Division Bench.

¶9The respondents 3 and 4 shall treat the same only as an objection under Section 22A, as the said order has not been passed after hearing the petitioner. Notice of enquiry shall be issued to the petitioner, the District Collector, the Tahsildar, and other interested parties, as the case may be. After hearing them and upon due satisfaction, the 4th respondent shall decide the issue in accordance with the directions issued by the Hon'ble Division Bench of this Court in the case of Sudha Ravi Kumar and another vs. The Special Commissioner (HR & CE) (W.P. No. 30589 of 2012, etc., batch). The parties shall be entitled to avail further remedies as directed therein.

¶10In the light of the above judgement, the writ petition stands allowed. The impugned order dated 16.04.2025 shall stand set aside and the entry mentioned as forgery document shall be removed in the encumbrance certificate. No costs. Consequently, connected miscellaneous petitions are closed.

27.03.2026 NCC:Yes/No rgm To

¶1The District Collector, Tenkasi District, Tenkasi.

¶2The Revenue Divisional Officer, Tenkasi, Tenkasi District.

¶3The District Registrar, Tenkasi Registration District, Tenkasi.

¶4The Sub-Registrar, Alangulam Sub-Registrar Office, Tenkasi District.

¶5The Thasildar, Alangulam Taluka, Tenkasi District. W.P(MD)No.8240oofo2026 oD.BHARATHAoCHAKRAVARTHYoo,oJo. rgm W.P(MD)No.8240oofo2026 and W.M.P(MD).Nos.6733,o6735oando6739oofo2026

27.03.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 27.03.2026 CORAM THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD).Nos.6733, 6735 and 6739 of 2026 Sumathi ... Petitioner Vs. 1. The District Collector, Tenkasi District, Tenkasi. 2. The Revenue Divisional Officer, Tenkasi, Tenkasi District. 3. The District Registrar, Tenkasi Registration District, Tenkasi. 4. The Sub-Registrar, Alangulam Sub-Registrar Office, Tenkasi District. 5. The Thasildar, Alangulam Taluka, Tenkasi District. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining the impugned order dated 16.04.2025 passed in Na.Ka.No.COLR/1710/2025-H3 passed by the 1st respondent and quash the same as illegal and consequently directing the respondents 3 and 4 to remove the entry of Forgery document mentioned in the Encumbrance certificate related to the petitioners Document No.5740/2023 dated 27.09.2023 on the file of the 4th respondent in respect of the property in Sy.No.686/2B2B to the extent of 0.09.70 Hectares (24 cents) of land situated at Alangulam Village, Alangulam Taluk, Tenkasi District and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner :Mr.A.Sankararamasubramanian For Respondents :Mr.M.Lingadurai Special Government Pleader