Madras High Court
P.R.Sivashanmugam vs The District Revenue Officer on 8 July, 2025
W.P.(MD) No.18504 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.(MD) No.18504 of 2025
P.R.Sivashanmugam ... Petitioner
Vs.
1.The District Revenue Officer,
Office of the District Collectorate,
Karur District.
2.Haseeb Khan
3.Kapil Khan
4.Rafiq Khan
5.Jelani Begum
6.Subaani Begum
7.Roobani Begum ... Respondents
Prayer :- Petition filed under Article 226 of the Constitution of India,
praying for issuance of Writ of Mandamus, directing the first respondent to
issue patta in favour of the petitioner for the land in Survey No.847/2B to
an extent of 0.38 cents in Punjai Pugalur South Village, Pugalur Taluk,
Karur District, pursuant to the representation, dated 07.08.2023 and
15.12.2023 in the light of the decree and judgment passed in O.S.No.461 of
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W.P.(MD) No.18504 of 2025
2000, dated 05.12.2008 on the file of the Principal District Munsif, Karur,
confirmed in A.S.No.5 of 2009, dated 11.08.2011 on the file of the
Principal Sub Court, Karur, confirmed in S.A(MD)No,574 of 2012, dated
04.08.2022 on the file of this Court, further confirmed by the Supreme
Court in Special Leave (Civil) Diary No.1423 of 2023, dated 06.11.2023.
For Petitioner : Mr.V.Illanchezian
For Respondents : Mrs.K.Malathi,
Additional Government Pleader, for R1.
ORDER
The petitioner herein seeks a direction to the first respondent to issue
patta in his favour in respect of the property situated in survey No.847/2B
with an extent of 38 cents in Punjai Pugalur South village, Pugalur Taluk,
Karur District, by considering his representations dated 07.08.2023 and
15.12.2023.
2.Heard the arguments of Mr.V.Illanchezian, learned counsel
appearing for the petitioner and Mrs.K.Malathi, learned Additional
Government Pleader, who takes notice for the first respondent.
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3.Since no adverse order is passed against the private respondents,
notice to the private respondents is dispensed with.
4. By consent of both sides, this Writ Petition is taken up for final
disposal at the admission stage itself.
5. According to the petitioner, the subject property was purchased in
the name of petitioner's paternal father M.Kumaraswamy in the year 1935.
The suit property has been dealt with as the family property between the
said Kumaraswamy and his brother Ramaswamy, who is the father of the
petitioner in the family partition dated 14.10.1949.
6. According to the petitioner, he is entitled to half share in the
subject property in his capacity as son of Ramasamy. One of the adjacent
owners of the property attempted to interfere with the petitioner's
possession over the property. Therefore, the petitioner filed a suit in
O.S.No.461 of 2000, seeking declaration and injunction. The said suit was
decreed by the trial Court. Aggrieved by the same, the defendants therein
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filed an appeal in A.S.No. 5 of 2009 on the file of the Principal Sub Court
Karur and the same was dismissed. The second appeal filed by the
unsuccessful defendants in S.A(MD)No.574 of 2012 and further petition
before the Hon'ble Supreme Court in Special Leave Petition (Civil) Diary
No.1423 of 2023 were also dismissed. Hence, the right of the petitioner
over the subject property has been confirmed by the Apex Court. Based on
the said judgment, the petitioner submitted representations before the first
respondent on 12.08.2023 and 15.12.2023 , seeking issuance of patta. The
same has not been considered. Hence, the petitioner has come before this
Court.
7. The learned Additional Government Pleader appearing for the first
respondent would submit that the petitioner representation submitted by the
petitioner is already pending for consideration before the first respondent
and the same will be disposed of within the time stipulated by this Court.
8. In view of the same, without expressing any opinion on the merits
of the matter, the first respondent is directed to consider the representations
of the petitioner dated 12.08.2023 and 15.12.2023 and pass final orders on
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its own merits within a period of eight weeks from the date of receipt copy
of this order, after issuing notice to the petitioner, private respondents
2 to 7 and other interested parties.
9. With the above direction, this Writ Petition is disposed of. No
costs.
08.07.2025
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
das
To
1.The District Revenue Officer,
Office of the District Collectorate,
Karur District.
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S.SOUNTHAR,J.
das
Dated: 08.07.2025
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