[Cites 1, Cited by 0]
Madras High Court
R.Pushpam Ammal vs The District Collector on 19 February, 2026
W.P.(MD)No.4656 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE K.SURENDER
W.P.(MD)No.4656 of 2026
R.Pushpam Ammal ... Petitioner
-vs-
1.The District Collector,
Thoothukudi District,
Thoothukudi.
2.The District Revenue Officer,
Thoothukudi District,
Thoothukudi.
3.The Revenue Divisional Officer,
Thoothukudi,
Thoothukudi District.
4.The Tahsildar,
Taluk Office,
Ottapidaram Taluk,
Thoothukudi District.
5.R.Lenin Bharathi
6.R.Thangamani
7.R.Pattukani
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W.P.(MD)No.4656 of 2026
8.R.Ramalakshmi
9.R.Rajesh
10.R.Jeyamandhagini
11.R.Vijaya Anitha ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents 1 to 3 to implement the final
Civil Court's judgment and decree passed in O.S.No.559 of 2011, dated
22.06.2016, on the file of the Additional District Munsif Court, Thoothukudi, and
to issue Patta in the petitioner's favour in respect of the property comprised in
Survey No.173/2 measuring an extent of 25 cents, situated at Kumarakiri Village,
Thoothukudi District, by considering the petitioner's representation dated
04.11.2025, within the period that may be fixed by this Court.
For Petitioner : Mr.R.Venkatesalu
For R1 to R4 : Mr.B.Ramanathan
Additional Government Pleader
ORDER
The Writ Petition has been filed seeking issuance of a Writ of Mandamus,
directing the respondents 1 to 3 to implement the Civil Court's final judgment and
decree passed in O.S.No.559 of 2011, dated 22.06.2016, on the file of the
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Additional District Munsif Court, Thoothukudi, and to issue Patta in favour of the
petitioner in respect of the property comprised in Survey No.173/2 measuring an
extent of 25 cents, situated at Kumarakiri Village, Thoothukudi District, by
considering the petitioner's representation dated 04.11.2025, within the period
that may be fixed by this Court.
2. By consent, the Writ Petition is taken up for final disposal at the
admission stage itself.
3. Since no adverse orders are going to be passed against the respondents 5
to 11, notice to the respondents 5 to 11 is hereby dispensed with.
4. The learned counsel for the petitioner would submit that the petitioner is
the absolute owner and is in possession and enjoyment of the subject property.
Due to an erroneous revenue classification, a third party fraudulently created a
forged Patta and interfered with the petitioner’s possession, thereby, compelling
her to file O.S.No.559 of 2011 before the Additional District Munsif Court,
Thoothukudi. The said suit was decreed on 22.06.2016, granting a declaration of
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title, a mandatory injunction directing issuance of Patta, and a permanent
injunction. The appeal in A.S.No.72 of 2016, which was preferred against the
judgment and decree of the lower Court, was dismissed on 23.08.2023, and thus,
the judgment has attained finality. Despite repeated representations seeking
implementation of the Civil Court's judgment and decree and issuance of Patta in
favour of the petitioner, no action has been taken. Hence, the present Writ Petition
has been filed.
5. The learned Additional Government Pleader appearing for the
respondents 1 to 4 submits that the respondents 1 to 4 require eight weeks' time
to pass appropriate orders in accordance with law.
6. Recording the above submissions, this Writ Petition is disposed of, with
a direction to the respondents 1 to 4 to pass appropriate orders in accordance with
law, after giving due opportunity to the petitioner, the respondents 5 to 11 and all
other persons, who may be interested in the subject matter, within a period of
eight weeks from the date of receipt of a copy of this order. It is also made clear
that this Court has not expressed any of its views with regard to the merits of the
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matter and that it is open to the respondents 1 to 4 to pass appropriate orders on
merits and in accordance with law. There shall be no order as to costs.
NCC : Yes / No (K.SURENDER, J.)
Index : Yes / No 19.02.2026
smn2
To:-
1.The District Collector,
Thoothukudi District,
Thoothukudi.
2.The District Revenue Officer,
Thoothukudi District,
Thoothukudi.
3.The Revenue Divisional Officer,
Thoothukudi,
Thoothukudi District.
4.The Tahsildar,
Taluk Office,
Ottapidaram Taluk,
Thoothukudi District.
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K.SURENDER, J.
smn2
19.02.2026
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