Madras High Court
Shanmugavel vs The Tahsildar on 7 October, 2025
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
W.P.(MD)No.15813 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :07.10.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)No.15813 of 2023
and
WMP (MD) No.13229 of 2023
Shanmugavel ... Petitioner
Vs.
1. The Tahsildar,
Kovilpatti Taluk,
Thoothukudi District.
2. The Village Administrative Officer,
Thittankulam Village,
Kovilpatti, Thoothukudi District.
3.K.Chandrasekar ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus forbearing the Respondents
from mutating the patta in respect of the land bearing S.No. 296/3A1,
Thittankulam Village, Kovilpatti Taluk, Thoothukudi District by taking
into consideration the petitioners objection dated 13.06.2023.
For Petitioner :Mr.S.Selva Aditya
for Mr.K.Vinoharan
For Respondents :Mr.B.Saravanan
Addl. Government Advocate for R1 & R2
Mr.F.X.Eugene for R3
1/6
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W.P.(MD)No.15813 of 2023
ORDER
The petitioner traces title to land measuring 2.50 acres in Survey
No.296/3A through his brother N.Kandasamy, who had purchased the
said property by registered sale deed dated 30.12.1982. The petitioner
states that his brother executed a registered settlement deed 01.03.2010
transferring the property to him. Later, the petitioner states that his
brother purported to cancel the settlement deed under cancellation deed
dated 21.01.2014. Such cancellation was challenged by the petitioner in
O.S.No.41 of 2014. While the said suit was pending, the petitioner's
brother executed a document dated 21.02.2014 cancelling the
cancellation deed. After taking note of these developments, the suit was
decreed on 10.10.2014.
2. Meanwhile, after registering the cancellation deed dated
21.01.2014, the petitioner's brother had purportedly executed sale deed
dated 03.02.2014 in favour of the third respondent. Subsequently, the
third respondent filed O.S.No.15 of 2015 for release of sale deed dated
03.02.2014. While the suit was originally decreed, the third party appeal
filed by the petitioner against the decree was allowed. However, the third
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respondent obtained an order for release of the document on 08.11.2022
in W.P.(MD) No.692 of 2015. The present writ petition has been filed in
these facts and circumstances to restrain the first respondent from issuing
a patta to the third respondent.
3. Learned counsel for the third respondent opposes this writ
petition primarily on the ground that the sale deed dated 03.02.2014 was
executed in favour of the third respondent when the cancellation of the
settlement deed was in operation and before the said cancellation deed
was set aside by judgment and decree dated 10.10.2014. Consequently, it
is contended that the sale deed in favour of the third respondent is valid
and that the third respondent is entitled to the issuance of a Patta.
4. The above contention of learned counsel for the third respondent
cannot be countenanced because the judgment and decree dated
10.10.2014 has the effect of nullifying the cancellation deed dated
21.01.2014 from the date of execution thereof. In effect, when sale deed
dated 03.02.2014 was executed by N.Kandasamy he did not have title to
the relevant property. In these circumstances, the remedies available to
the third respondent would be to seek recovery of the consideration paid
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to Kandasamy with interest or to challenge the judgement and decree
dated 10.10.2014 in accordance with law.
5. With these observations, this writ petition is allowed by
directing the first respondent not to issue the patta to the third respondent
unless the third respondent obtains a decree from a civil court
recognising the third respondent's title to the relevant property. No costs.
Consequently, connected miscellaneous petition is closed.
07.10.2025
NCC :No
Internet :Yes
Index :No
PKN
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To
1. The Tahsildar,
Kovilpatti Taluk,
Thoothukudi District.
2. The Village Administrative Officer,
Thittankulam Village,
Kovilpatti, Thoothukudi District.
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SENTHILKUMAR RAMAMOORTHY, J.
PKN
07.10.2025
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