Madras High Court
K.Devaraj vs The District Collector on 11 September, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.2953 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.2953 of 2019
and
W.M.P.No.3222 of 2019
1. K.Devaraj
2. D.Vithegi ... Petitioners
Vs.
1. The District Collector,
Villupuram District,
Villupuram.
2. The District Revenue Officer,
O/o. District Collector,
Villupuram.
3. The Revenue Divisional Officer,
Tindivanam,
Villupuram District.
4. The Special Thasildar,
Town Settlement & Revenue,
Follow-up Works, Tinivanam,
Villupuram District.
5. V.Mangai
Page 1 of 7
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W.P.No.2953 of 2019
6. D.Marimmal
R-6 impleaded vide order dated 11.09.2025 made in
W.M.P.No.23622 of 2024 in W.P.No.2953 of 2019
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
praying to issue a Writ of Certiorari, calling for the records relating to
the impugned summon issued by the first respondent herein vide
Na.Ka.Aa6/29146/2017 dated 04.12.2018 and quash the same as illegal in
the light of the judgement and decree dated 01.03.2014 made in
O.S.No.522 of 2014 on the file of the Additional District Court,
Tindivanam.
For Petitioners : Mr.R.Suresh Kumar
for Mr.M.Venkadeshan
For Respondents: Mr.N.Naveen Kumar,
Government Advocate (for R1 to R4)
Mr.N.Srinivas Jayaprakash (for R6)
No appearance (for R5)
ORDER
This Writ Petition has been filed challenging the notice issued by
the first respondent dated 04.12.2018, thereby calling upon the petitioners
to attend an enquiry on the representation submitted by the fifth
respondent, seeking cancellation of the patta issued in favour of the
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petitioners in respect of the subject property.
2. Heard the learned counsel for the petitioners and the learned
Government Advocate appearing for the first to fourth respondents and
the learned counsel for the sixth respondent perused the materials
available on record.
3. The fifth respondent owned the property comprised in Survey
Nos.87/5, 6, 7, and 8, to an extent of 67 cents, situated at Kaveribakkam
Village, Tindivanam, Villupuram District. Thereafter, she entered into a
registered agreement for sale with the first petitioner dated 06.11.1991 in
respect of the said property for a total sale consideration of Rs.1,85,250/.
Thereafter, the fifth respondent executed a power of attorney in favour of
the first petitioner. On the strength of the power of attorney, the first
petitioner executed a sale deed in favour of the second petitioner herein
by a registered sale deed dated 14.11.1999. Thereafter, the entire revenue
records were mutated in favour of the second petitioner in respect of the
subject property.
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4. While being so, the fifth respondent filed a suit in O.S.No.522 of
2004 on the file of the Additional District Munsif Court, Tindivanam, for
declaration and recovery of possession. Subsequently, the said suit was
dismissed and decreed in favour of the second petitioner. Aggrieved by
the same, the fifth respondent preferred an Appeal Suit in A.S.No.24 of
2014 on the file of the Principal Sub-Court, Tindivanam, and the same
was allowed.
5. Once again, aggrieved by the same, the sixth respondent, who is
the subsequent purchaser, preferred an appeal before this Court in
S.A.No.694 of 2020 and also obtained an interim stay of the judgment
and decree passed by the First Appellate Court in A.S.No.24 of 2014, and
it is pending for adjudication. Subsequently, the second petitioner also
preferred an appeal in S.A.No.42 of 2021, which is also pending before
this Court. That apart, the second petitioner laid out the subject
properties, converted them into plots, and sold them to several persons,
including the sixth respondent, and also, subsequent purchasers were
issued patta, thereby creating third-party interest over the entire property.
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6. In the meantime, the fifth respondent filed an application before
the first respondent for cancellation of the patta issued in favour of the
second petitioner. The suit filed by the fifth respondent for declaration
and recovery of possession was dismissed, and now it is pending in
S.A.No.694 of 2020 before this Court. The first respondent has no
jurisdiction to entertain any application filed by the fifth respondent for
cancellation of the patta issued in favour of the second petitioner.
7. Further, till today, the sale deed executed in favour of the second
petitioner is in force and valid. If at all the fifth respondent succeeds in
the said second appeals filed by the sixth respondent and the second
petitioner in S.A.No.694 of 2020 and S.A.No.42 of 2021 respectively
before this Court, then the fifth respondent will be entitled to get all relief
in respect of the mutation of revenue records in her favour in respect of
the subject property.
8. In view of the above, the entire proceedings initiated by the first
respondent by issuing a hearing notice dated 04.12.2018 cannot be
sustained, and it is liable to be quashed. Accordingly, the impugned
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notice dated 04.12.2018 is hereby quashed.
9. In the result, this Writ Petition is allowed. Consequently, the
connected Miscellaneous Petition is closed. No costs.
11.09.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
kv
To
1. The District Collector,
Villupuram District,
Villupuram.
2. The District Revenue Officer,
O/o. District Collector,
Villupuram.
3. The Revenue Divisional Officer,
Tindivanam,
Villupuram District.
4. The Special Thasildar,
Town Settlement & Revenue,
Follow-up Works, Tinivanam,
Villupuram District.
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G.K.ILANTHIRAIYAN, J.
kv
11.09.2025
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