Citation : 2026 Latest Caselaw 640 Mad
Judgement Date : 23 February, 2026
W.P.(MD)No.26424 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :23.02.2026
CORAM
THE HONOURABLE MR.JUSTICE K.SURENDER
W.P.(MD)No.26424 of 2025
1. A.Periyakaruppan
2. K.Chinnammal
3. C.Andichi ... Petitioner(s)
Vs.
1. The Principal Secretary,
And Commissioner of Land Administration,
Ezhilagam, Chepauk,
Chennai.
2. The District Revenue Officer,
Sivagangai District,
Sivagangai.
3. The Tahsildar,
Sivagangai. ... Respondent(s)
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus to call for the
records relating to the order of the first respondent in K1/10853/2014
dated 01.08.2024 and quash the same and consequently, direct the first
respondent to grant Ryotwari Patta to the petitioner's for the lands in
S.No.286 of Soorakulam Village, Sivagangai Taluk, Sivagangai District.
For Petitioner : M/s.S.R.Raghunathan
for Mr.Arun Kumaar
For Respondents :M/s.Ajmal Khan
1/6
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W.P.(MD)No.26424 of 2025
Additional Advocate General I
assisted by Mr.N.Ramesh Arumugam
Government Advocate
ORDER
This writ petition has been filed challenging the impugned
proceedings dated 01.08.2024 passed by the first respondent and
consequently, direct the first respondent to grant 'Ryotwari Patta' to the
petitioner's for the lands in S.No.286 of Soorakulam Village, Sivagangai
Taluk, Sivagangai District.
2. Heard the learned counsel for the parties and perused the
materials available on record.
3. The only ground raised by the learned counsel for the petitioner
is that the petitioner was not put on notice before the impugned orders
were passed.
4. The learned Additional Advocate General appearing for the
respondents, refuting the aforesaid submission, submitted that an
opportunity of hearing was granted to the petitioner. However, he fairly
submitted that the impugned order passed by the first respondent is not in
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accordance with the earlier order of this Court dated 14.02.2023 and that
on this ground alone, the impugned order can be set aside.
5. Admittedly, this Court on 14.11.2022 in W.P.(MD) No.3111 of
2014, more particularly in paragraph 11, has passed the following order:
“11.In the light of the above, the order passed by the first
respondent, which is impugned in this writ petition, namely
proceedings No.K1/14408/2013 dated 07.01.2014, is set aside and
the claim of the petitioners is remanded back to the first respondent
and the first respondent shall consider the same in accordance with
Act XXVI/1948 and pass appropriate orders on merits and in
accordance with law after affording an opportunity to the petitioners
within a period of twelve weeks from the date of receipt of a copy of
this order.”
Pursuant to the above order of this Court, the impugned orders were
passed on 01.08.2024.
6. Having gone through the impugned order, it is seen that the first
respondent has stated that the observations of this Court in paragraphs 9
and 10 are inconsistent with the provisions laid down under Section
64(C) of the Tamil Nadu Estates (Abolition and Conversion into
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Ryotwari) Act, 26 of 1948. The said observations/findings of the first
respondent are not sustainable and accordingly, the impugned
proceedings are liable to be set aside.
7. In view of the above, the impugned order dated 01.08.2024 is
hereby set aside and the matter is remanded back to the first respondent
to consider the case of the petitioner afresh and pass appropriate orders in
line with the order of this Court dated 14.11.2022, on merits and in
accordance with law.
8. With the above observation and directions, this writ petition is
disposed of. There shall be no order as to costs.
(K.SURENDER, J)
23.02.2026
NCC :Yes/No
Internet :Yes/No
Index :Yes/No
PKN
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To
1. The Principal Secretary,
And Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai.
2. The District Revenue Officer, Sivagangai District, Sivagangai.
3. The Tahsildar, Sivagangai.
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K.SURENDER, J.
PKN
23.02.2026
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