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Vasanthamary vs A.G.Sankar
2026 Latest Caselaw 21 Mad

Citation : 2026 Latest Caselaw 21 Mad
Judgement Date : 6 January, 2026

[Cites 0, Cited by 0]

Madras High Court

Vasanthamary vs A.G.Sankar on 6 January, 2026

Author: G.Jayachandran
Bench: G.Jayachandran
                                                                        W.A.(MD) Nos.3276, 3277 & 3278 of 2025


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 06.01.2026

                                                             CORAM:

                                    THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
                                                       and
                                   THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN


                                 W.A.(MD) Nos.3276, 3277 & 3278 of 2025
                                                   and
                    C.M.P.(MD) Nos.20482, 20483, 20484, 20485, 20486 & 20488 of 2025


                 W.P.(MD) No.3276 of 2025:

                 Vasanthamary                                                           ... Appellant

                                                                 -vs-


                 1.A.G.Sankar

                 2.The District Collector
                   District Collectrate Compus
                   Dindigul District

                 3.The District Revenue Officer
                   District Collectrate Campus
                   Dindigul District

                 4.The Revenue Divisional Officer
                   Revenue Divisional Office
                   YMR Patti
                   Dindigul District




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                                                                            W.A.(MD) Nos.3276, 3277 & 3278 of 2025


                 5.The Tahsildar
                   Dindigul East Taluk
                   Dindigul District

                 6.The Assistant Director of Survey &
                     Settlement Officer
                   Office of the Assistant Director of
                     Survey & Settlement
                   Dindigul District                                                             ... Respondents


                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                 order, dated 15.02.2023, passed in W.P.(MD) No.19285 of 2022, on the file of

                 this Court.


                                  For Appellant        : Mr.I.Romeo Roy Alfred

                                  For Respondents      : Mr.S.R.A.Ramachandran
                                                         Additional Government Pleader for R2 to R6


                 W.P.(MD) No.3277 of 2025:

                 John Sundara Raj                                                                ... Appellant
                                                                     -vs-


                 1.A.G.Sankar

                 2.The District Collector
                   District Collectrate Compus
                   Dindigul District

                 3.The District Revenue Officer
                   District Collectrate Campus
                   Dindigul District

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https://www.mhc.tn.gov.in/judis                   ( Uploaded on: 07/01/2026 07:54:56 pm )
                                                                            W.A.(MD) Nos.3276, 3277 & 3278 of 2025


                 4.The Revenue Divisional Officer
                   Revenue Divisional Office
                   YMR Patti
                   Dindigul District

                 5.The Tahsildar
                   Dindigul East Taluk
                   Dindigul District

                 6.The Assistant Director of Survey &
                     Settlement Officer
                   Office of the Assistant Director of
                     Survey & Settlement
                   Dindigul District                                                             ... Respondents


                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                 order, dated 15.02.2023, passed in W.P.(MD) No.19285 of 2022, on the file of

                 this Court.


                                  For Appellant        : Mr.I.Romeo Roy Alfred
                                                         for Ms.R.Vinodhini

                                  For Respondents      : Mr.S.R.A.Ramachandran
                                                         Additional Government Pleader for R2 to R6


                 W.P.(MD) No.3278 of 2025:

                 Felix John Baskar                                                               ... Appellant

                                                                     -vs-


                 1.A.G.Sankar



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                 Page 3 of 10




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                                                                            W.A.(MD) Nos.3276, 3277 & 3278 of 2025




                 2.The District Collector
                   Dindigul District

                 3.The District Revenue Officer
                   District Revenue Office
                   Dindigul District

                 4.The Revenue Divisional Officer
                   Dindigul District

                 5.The Tahsildar
                   Dindigul East Taluk Office
                   Dindigul District

                 6.The Assistant Director of Survey &
                     Settlement Officer
                   Office of the Assistant Director of
                     Survey & Settlement
                   Dindigul District                                                             ... Respondents


                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                 order, dated 15.02.2023, passed in W.P.(MD) No.19285 of 2022, on the file of

                 this Court.


                                  For Appellant        : Mr.I.Romeo Roy Alfred
                                                         for Ms.R.Vinodhini

                                  For Respondents      : Mr.S.R.A.Ramachandran
                                                         Additional Government Pleader for R2 to R6




                 _______________
                 Page 4 of 10




https://www.mhc.tn.gov.in/judis                   ( Uploaded on: 07/01/2026 07:54:56 pm )
                                                                        W.A.(MD) Nos.3276, 3277 & 3278 of 2025


                                            COMMON                 JUDGMENT

[Judgment of the Court was made by DR.G.JAYACHANDRAN, J.]

Learned counsel for the appellants submits that the Judgment

dated 11.12.2025, passed by this Court in W.A.(MD) No.631 of 2024 and

L.P.A.(MD) Nos.2 & 3 of 2024, covers the issue involved in the present writ

appeals.

2. Learned Additional Government Pleader appearing for the

official respondents conceded the above submission of the learned counsel for

the appellants.

3. The Judgment dated 11.12.2025, passed by this Court in W.A.

(MD) No.631 of 2024 and L.P.A.(MD) Nos.2 & 3 of 2024, reads as follows:

“The writ appeal in W.A(MD)No.631 of 2024 is directed against the order passed by the learned single Judge in W.P(md)No.19285 of 2022 vide order dated 15.02.2023.

2.The writ petition was filed seeking Mandamus to the second respondent to measure the land situated in S.Nos.11/2, 36/1, 34/1, 34/3 and 383/1,2 etc., at

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Vellodu Village, Dindigul and to issue separate joint holding and fix the meets and bounds in respect of the portion of the petitioner's share. The learned single Judge had passed the following order:

“2.The petitioner wants this Court to direct the fourth respondent to survey the petition mentioned lands and based on the survey result issue independent patta. The prayer is not contested by the respondents. They only seek time. The said request made by the respondents cannot be rejected. I direct the fourth respondent to complete survey of the petition mentioned lands within a period of five months from the date of receipt of a copy of this order. Based on the survey result, patta shall be issued in favour of the petitioner immediately thereafter.”

3.The writ appeal filed by the third parties/appellants stating that the writ petitioner is not the absolute owner of the land, he and others are the title holders. While so, without impleading him and others as party in the proceedings, the writ petitioner viz., A.G.Sankar had obtained an order behind the back to survey the land as well as to issue patta in favour of the petitioner.

4.This Court, on perusal of the impugned order,

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finds that it is patently illegal, since the transfer of patta without conducting enquiry is not permissible under law.

Moreover, it has now been brought to the notice of this Court that there are other title holders, and the patta stands in their names. Therefore, the order of the learned single Judge is set aside in respect of issuing patta. It is brought to the notice of this Court that yet another third party, by name John Britto approached this Court by filing a writ petition in W.A(MD)No.2006 of 2023. The division bench of this Court, vide order, dated 22.11.2023, had relegated the parties to settle the title dispute by approaching the civil Court. As regards the survey of the land, it has been made clear that there is no impediment for the authorities to proceed. In other words, the Division Bench declined the relief of granting patta in favour of the writ petitioner. In order to maintain uniformity and judicial discipline, this Court, therefore, follows the judgment of the Division Bench passed in W.A.(MD) No.2006 of 2023 dated 22.11.2023, since the said order is applicable to all third parties, who have approached the Court either by way of appeal or LPA. Since it is a judgment in rem, the LPA.Nos.2 and 3 of 2024 are also allowed. No order as to costs. Consequently, connected miscellaneous petitions are closed.”

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4. In line with the above Judgment dated 11.12.2025, passed by

this Court in W.A.(MD) No.631 of 2024 and L.P.A.(MD) Nos.2 & 3 of 2024, the

present writ appeals are allowed. No costs. Consequently, connected

miscellaneous petitions are closed.

                                                                       [G.J., J.]           [K.K.R.K., J.]
                                                                                   06.01.2026
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk

                 To:
                 1.The District Collector,
                   District Collectorate Campus,
                   Dindigul District.

2.The District Revenue Officer, District Collectrate Campus, Dindigul District.

3.The Revenue Divisional Officer, Revenue Divisional Office, YMR Patti, Dindigul District.

4.The Tahsildar, Dindigul East Taluk, Dindigul District.

5.The Assistant Director of Survey & Settlement Officer,

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/01/2026 07:54:56 pm ) W.A.(MD) Nos.3276, 3277 & 3278 of 2025

Office of the Assistant Director of Survey & Settlement, Dindigul District.

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/01/2026 07:54:56 pm ) W.A.(MD) Nos.3276, 3277 & 3278 of 2025

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

krk

W.A.(MD) Nos.3276, 3277 & 3278 of

and C.M.P.(MD) Nos.20482, 20483, 20484, 20485, 20486 & 20488 of

06.01.2026

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/01/2026 07:54:56 pm )

 
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