Irulappan v. The District Revenue Officer

O R D E R The present Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first respondent to consider and dispose of the petitioner's representations dated 02.10.2025 and 12.05.2026.

¶2In the said representations, the petitioner is seeking to enter the name of the petitioner's deceased father, namely, Sanmugaiya, S/o.Vel Thevar, in the UDR and the 'A' Register in respect of Survey No.58/5D1 situated at Vellalankottai Revenue Village, Kayathar Taluk, Thoothukudi District.

¶3The contention of the petitioner is that the property comprised in Survey No.58/5D measuring an extent of 1 Acre and 28 Cents was purchased by the petitioner's grandmother, namely, Perumathal and Page No. 2 of 8 thereafter, the said Perumathal along with her husband, namely, Vel Thevar, was in possession and enjoyment of the same. They were having two sons, namely, Kirushnasamy alias Kirushana and Shanmugaiya Thevar. The said Shanmugaiya Thevar is the petitioner's father and the said Kirushnasamy alias Kirushana, the fourth respondent herein, is the brother of the petitioner's father.

¶4According to the petitioner, after the demise of the petitioner's grandmother, the name of the brother of the petitioner's father, namely, Kirushnasamy alias Kirushana, alone was erroneously entered in the revenue records. It is the further case of the petitioner that though the petitioner's father was equally entitled to inherit the property of his parents, the official respondents omitted to include his name in the revenue records. Hence, the petitioner is seeking to enter the name of the petitioner's father in the UDR, the 'A' Register and the Patta.

¶5The learned counsel appearing for the Government of Tamil Nadu, on written instructions dated 12.06.2026 in Na.Ka.Aa2/1816/2026 issued by the Tahsildar, the third respondent herein, submitted that the petitioner's grandmother had purchased only 3 cents of land out of the Page No. 3 of 8 total extent of 1 Acre and 58 Cents comprised in Survey No.58/5D. The relevant paragraph from the said written instructions is extracted hereunder: "kDjhuu; 1550/1953-Mk; fpiua Mtzj;jpd;gb nts;shsd;Nfhl;il fpuhk Gy vz; 58/5D-y; 1 Vf;fu; 28 nrd;l; epyj;ij mk;ikag;gps;is rz;KfRe;juk; gps;is vd;gtuplkpUe;J NtYj;Njtu; kidtp ngUkhj;jhs; vd;gtu; (kDjhuu; je;ij top ghl;b) ngw;w fpiua Mtzj;jpd; tpy;yq;fr;rhd;wpy; Gy vz; 58/5D-y; 1 Vf;fu; 28 nrd;by; Nky;gf;fk; nrd;l; 3k; fpzW kw;Wk; [yj;jpy; 3-y; 1 gq;F vd kl;LNk gjpTnra;ag;gl;Ls;sJ. mjd; gpd;du; Nkw;gb Gy vz;zpy; vt;tpj gjpTfs; gjpTnra;ag;gltpy;iy vd;gJ

tpy;yq;fr;rhd;wpd;

rupghu;f;fg;gl;ljpy; njupatUfpwJ. mjd; gpd;du; epy clik Nkk;ghl;L jpl;l m gjpNtl;by; Nkw;gb Gy vz; 58/5D-MdJ 58/5D1-y;

0.49.50

n`f;Nlu;

epyk; Nt.fpU\;zrhkpj;Njtu;

vd;gtu;

ngaupy; jhf;fyhfpAs;sJ.

NkYk;

,t;tof;fpd; kDjhuu; ,Usg;gd; vd;gtu; jdJ je;ij top ghl;bahd ngUkhj;jhs; vd;gtu; 1953-Mk; Mz;Lf;F fpiua Mtzj;jpy; Gy vz; 58/5D-y; 1 Vf;fu; 28 nrd;by; Nky;gf;fk; nrd;l; 3k; fpzW kw;Wk; [yj;jpy; 3-y; 1 gq;F vd kl;Lk; gjpT nra;ag;gl;Ls;sJ." Page No. 4 of 8

¶6On perusal of the copy of the Sale Deed dated 24.09.1953, it is seen that the petitioner's grandmother purchased an extent of 1 Acre and 28 Cents of land along with well, water, pathway and etc. The relevant portion from the Sale Deed dated 24.09.1953 is extracted hereunder: "... ehd; RahH rfpjkhahfp vOjp thq;fpaJ mDgtpj;J tUfpw mad; GQ;ir rHNt 58 epH 5D nyl;lH Vf;fH 1 nrz;L 28k; ,jw;Fs; 1.28 ,y; Nky; gf;fk; 3 nrd;l epyj;jpypUf;fpw fpzW [yk; fkiyj;jlk;> fkiy Nfhg;Gf;fl tha;f;fhy; top eil tifawhf;fspy; epyj;Jf;Fs;s rfytpj rfy ghj;jpaKk; ....

¶7Therefore, this Court is of the considered opinion that the Tahsildar, the third respondent herein, is totally incorrect in stating that the petitioner's grandmother had purchased only three cents of land, as the document explicitly reveals that the petitioner's grandmother had purchased an extent of 1 Acre and 28 Cents of land and that out of the said extent, a well measuring three cents is situated, in respect of which the petitioner's grandmother is entitled to 1/3rd share in the water. However, the Tahsildar, the third respondent, has erroneously stated that Page No. 5 of 8 the petitioner's grandmother had purchased only three cents of land. It is unbecoming of the Tahsildar, the third respondent, who is incompetent to read the document properly. Therefore, the instructions furnished to the learned counsel appearing for the Government of Tamil Nadu are rejected.

¶8Further, the representations submitted by the petitioner seeking to include of the name of the petitioner's father in the UDR, the 'A' Register and the Patta are pending before the first respondent/District Revenue Officer, who is the competent authority. Therefore, the first respondent/District Revenue Officer is directed to include the name of the petitioner's father, namely, Shanmugaiya Thevar, in the revenue records, viz., the UDR, the 'A' Register and the Joint Patta. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

¶9With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

15.06.2026 JEN Index: Yes / No Page No. 6 of 8 Speaking Order / Non-Speaking Order To

1.The District Revenue Officer, District Revenue Office, Thoothukudi District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Tahsildar Office, Kayathar Taluk Office, Thoothukudi District. Page No. 7 of 8 S.SRIMATHY

, J.

JEN

15.06.2026 Page No. 8 of 8

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2026 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY Irulappan ... Petitioner Vs. 1.The District Revenue Officer, District Revenue Office, Thoothukudi District. 2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, Thoothukudi District. 3.The Tahsildar, Tahsildar Office, Kayathar Taluk Office, Thoothukudi District. 4.Kirushnasamy alias Kirushana ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to consider and dispose of the petitioner's representations dated 02.10.2025 and 12.05.2026 seeking entry of the name of the petitioner's deceased father, namely, Sanmugaiya, S/o.Vel Thevar, in the A Register (UDR) in Page No. 1 of 8 respect of Survey No.58/5D1, situated at Vellalankottai Revenue Village, Kayathar Taluk, Thoothukudi District within a stipulated time that may be fixed by this Court. For Petitioner : Mr.P.Ponraj For R1 to R3 : Mr.K.Saravanan Counsel for the Government of Tamilnadu