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Madras High Court
A.Sivasamy vs The Collector Of Kallakurichi District on 7 April, 2026
Author: Abdul Quddhose
Bench: Abdul Quddhose
WP No. 12002 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-04-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE
WP No. 12002 of 2026
A.Sivasamy
S/o. Late Adhimoola Udayar,
Alamaram Street,
Virugavur Village and Post -606 203
Kallakurichi Taluk and District
..Petitioner(s)
Vs
1. The Collector Of Kallakurichi District
Collectorate, Kallakurichi.
2. The District Revenue Officer
Kallakurichi
3. The Revenue Divisional Officer
Kallakurichi
4. The Zonal Deputy Tahsildar, Taluk Office
Kallakurichi Taluk, Kallakurichi District.
5. The Revenue Tahsildhar, Taluk Office
Kallakurichi Taluk,
Kallakurichi District.
6. P. Rajavel
S/o. Poomalai,
North Street, Mudiyanoor Village and Post,
Kallakurichi Taluk, Kallakurichi District.
7. K. Poomalai Udayar
S/o. Krishnaswamy Udayar,
No.1/137 Main Road,
Virugavur Village and Post -606 203
Kallakurichi Taluk and District.
..Respondent(s)
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WP No. 12002 of 2026
Writ petition filed under Article 226 of the Constitution of India for the issuance
of writ of Mandamus directing the Respondents herein, especially the 5th
respondent to remove the name of petitioner’s father in the above Joint Patta
Nos.741 and 743 issued by the 5th Respondent herein and issue separate patta
for the lands measuring 11 plus 4-15 cents out of 22 cents, comprised in Survey
No.79/2B and 3 cents out of 6 cents, comprised in Survey No.79/4 totally 18
cents in the names of A.Sivasamy (petitioner) and his brothers 1) Kumarasamy,
2) Chellamuthu and 3) Palanivel as they are legal heirs of their deceased father
Adhimoola Udayar as the petitioners possession and enjoyment for more than
decades by considering his representation dated 18.02.2026 for patta Transfer in
our names and to pass orders.
For Petitioner(s): Mr.T.Dhanasekaran
R. Agilesh
For Respondent(s): Mr.D.Ravichander
Special Government Pleader
for R1 to R5
ORDER
This writ petition has been filed seeking a direction to the official
respondents to remove the name of the petitioner’s father in joint patta Nos.741
and 743, in respect of the property more fully disclosed in the prayer to the writ
petition.
2. According to the petitioner, his father, Adhimoola Udayar
purchased the property more fully disclosed in the prayer to the writ petition ion
12.05.1975 and thereafter, he passed away. Therefore, the petitioner and his
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brothers seeks for removal of their father’s name in the joint patta Nos.741 and
743 for the subject property. The respondents 6 and 7 are the rival claimants.
3. Mr.D.Ravi Chander, learned Special Government Pleader, accepts
notice on behalf of the respondents 1 to 5. Since no adverse orders are passed
against the respondents 6 and 7, notice to them is dispensed with by this Court.
4. No prejudice would be caused to the respondents, if the petitioner’s
representation dated 18.02.2026 seeking for removal of his father’s name from
the Joint Patta Nos.741 and 743 for the subject property, is considered on
merits and in accordance with law, after hearing the objections of respondents 6
and 7 and any other third party, whom the 5 th respondent deems fit to enquire,
within a time frame to be fixed by this Court.
5. This Court is not expressing any opinion on the merits of the
petitioner’s representation.
6. For the foregoing reasons, this Court directs the 5 th respondent to
pass final orders, on merits and in accordance with law, on the petitioner’s
representation, dated 18.02.2026 seeking for removal of the name of petitioner’s
father from Patta Nos.741 and 743 and inclusion of the names of the legal heirs
of the deceased Adhimoola Udayar, with respect to the property more fully
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disclosed in the prayer to this writ petition, after hearing the objection of
respondents 6 and 7. Such order shall be passed, after giving due consideration
to the supporting documents filed by the petitioner and after hearing the
objections if any from the respondents 6 and 7 and any other necessary party,
whom the 5th respondent deems fit to enquire, within a period of four months
from the date of receipt of a copy of this order.
7. With the aforesaid direction, this Writ Petition is disposed of. No costs.
07-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
RKA
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To
1. The Collector Of Kallakurichi District
Collectorate, Kallakurichi.
2. The District Revenue Officer
Kallakurichi
3. The Revenue Divisional Officer
Kallakurichi
4. The Zonal Deputy Tahsildar Taluk Office
Kallakurichi Taluk, Kallakurichi District.
5. The Revenue Tahsildhar, Taluk Office
Kallakurichi Taluk,
Kallakurichi District.
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ABDUL QUDDHOSE, J.
RKA
07-04-2026
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