Chellathaiyammal Parathalvar v. The District Collector

ORDER This Writ Petition has been filed for issuance of a Writ of Mandamus directing the fourth respondent to transfer the patta standing in the name of the petitioner's mother to the name of the petitioner by considering the petitioner's representation dated 01.06.2026.

¶2The case of the petitioner is that her mother was the owner of the property comprised in Survey No.492, measuring an extent of 2.27 acres. It is the further case of the petitioner that her mother executed a registered Settlement Deed dated 16.09.1986 in her favour, registered as Document No.2202 of 1986. Pursuant to the said settlement, the petitioner claims to be in possession and enjoyment of the property. However, the patta continues to stand in the name of the petitioner's mother, namely, Ellammal. Hence, the petitioner submitted a representation dated 01.06.2026 seeking transfer of patta in her name on the strength of the Settlement Deed.

¶3The learned counsel appearing for the intervener submitted that although a Settlement Deed had been executed in favour of the petitioner, the petitioner's mother subsequently cancelled the said Settlement Deed and thereafter executed a Sale Deed in favour of her brother, namely, Srinivasan and Pavithira. It is further submitted that the subsequent purchaser is in possession and enjoyment of the property. Therefore, the intervener objected to the transfer of patta in favour of the petitioner.

¶4This Court has considered the rival submissions.

¶5It is evident from the submissions made by both sides that there is a serious dispute regarding the title to the property. The petitioner claims title under the Settlement Deed dated 16.09.1986, whereas the intervener contends that the Settlement Deed was subsequently cancelled and that the property was thereafter conveyed under a registered Sale Deed in favour of a third party. Such disputed questions relating to title cannot be adjudicated in proceedings under Article 226 of the Constitution of India.

¶6In view of the existence of a serious title dispute, no direction can be issued to the revenue authorities to transfer the patta either in favour of the petitioner or in favour of the subsequent purchaser. The patta shall, therefore, continue to stand in the name of the petitioner's mother, namely, Ellammal, until the rights of the parties are determined by a competent civil court. It is open to the petitioner as well as the intervener to work out their respective remedies before the jurisdictional civil court. After the title dispute is adjudicated and the rights of the parties are finally determined, it is open to the successful party to approach the revenue authorities for mutation of the patta, and on such application, the competent authority shall consider the same in accordance with law.

¶7Accordingly, this Writ Petition is dismissed. No costs.

30.06.2026 Index : yes / no Internet: yes / no trp TO

¶1The District Collector, Virudhunagar Collectorate, Virudhuangar District.

¶2The District Revenue Officer, Virudhunagar District.

¶3The Revenue Divisional Offic, Er, Sivakasi Revenue Divisional Office, Virudhunagar District.

¶4The Tahsildar, Sivakasi Taluk Virudhunagar District. S.SRIMATHY,J trp

ORDER IN WP(MD) No.18183 of 2026 Date : 30/06/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30/06/2026 CORAM THE HONOURABLE MRS. JUSTICE S.SRIMATHY Chellathaiyammal Parathalvar ... Petitioner Vs 1. The District Collector, Virudhunagar Collectorate, Virudhuangar District. 2. The District Revenue Officer, Virudhunagar District. 3. The Revenue Divisional Offic, Er, Sivakasi Revenue Divisional Office, Virudhunagar District. 4. The Tahsildar, Sivakasi Taluk Virudhunagar District. ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 4th respondent to change the patta name stands in the name of the petitioners mother into the petitioners name by considering the representation sent by the petitioner dated 01.06.2026. For Petitioner : Ms. Asha K, Advocate. For Respondents : Mr.S.Siva Thilakar, Counsel for State. For intervenor : Mr.R. Govindaraj