[Cites 1, Cited by 0]
Madras High Court
M.Pavalakkodi vs The District Collector on 5 January, 2026
W.P.(MD)No.18055 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :05.01.2026
CORAM
THE HONOURABLE MR.JUSTICE K.SURENDER
W.P.(MD)No.18055 of 2019
and
WMP (MD) No.16322 of 2019
1. M.Pavalakkodi
2. Ravichandran
3. Buvaneshwari
4. Manikandan ... Petitioner(s)
Vs.
1. The District Collector,
Theni District.
2. The District Revenue Officer,
Theni District.
3. The Revenue Divisional Officer,
Uthamapalayam, Theni District.
4. The Tahsildar,
Uthamapalayam Taluk, Theni District.
5. Karuppiah
6. Vinoth Kumar
7. Ranjith Kumar
1/6
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W.P.(MD)No.18055 of 2019
8. Ganeshwari
9. Kanagaraj
10. Thulasiammal
11. Pandiyan
12. Paulpandiyan
13. Muthuraj
14. Ramasamy
15. Pandiyammal
16. Rajakumari ... Respondent(s)
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, directing the 2nd respondent
herein to issue change of patta for half share in 19 items of properties
scheduled in the Settlement Deed dated 19.5.1945 vide Doc.No.
1139/1945 subsequently sub-divided as 54 items of survey number, as
per the judgment and decree dated 9.9.1996 in SA No. 743 of 1992 on
the file of this Honourable Court and dismissal of suits filed by
respondents 5 to 16 herein in OS No. 185/2012 dated 22.11.2018, OS
No. 196/2012 dated 22.11.2018, OS No. 197/2012 dated 7.4.2016 and
OS.No. 198/2012 dated 22.11.2018 by the District Munsif Court,
Bodinayakanur.
For Petitioner : M/s.K.Appadurai
For Respondents :Mr.D.S.Nedunchezhian
Government Advocate for R1 to R4
Mr.A.Mohan for R6 to R13, R15 & R16
M/s.V.Janaki Ramulu for R14
R5 – No appearance
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W.P.(MD)No.18055 of 2019
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing the 2nd respondent to issue a change of patta for a
half share in 19 items of properties scheduled in the Settlement Deed
dated 19.05.1945, vide Doc. No. 1139/1945, subsequently sub-divided
into 54 items of survey numbers, as per the judgment and decree dated
09.09.1996 in S.A. No. 743 of 1992 on the file of this Honourable Court,
and the dismissal of suits filed by respondents 5 to 16 herein in O.S. No.
185 of 2012 dated 22.11.2018, O.S. No. 196 of 2012 dated 22.11.2018,
O.S. No. 197 of 2012 dated 07.04.2016, and O.S. No. 198 of 2012 dated
22.11.2018 by the District Munsif Court, Bodinayakanur.
2.The learned counsel appearing for the petitioners submits that a
representation was made on 27.02.2019 for the purpose of effecting
changes in the patta. The basis for such representation includes the
conclusions arrived at in the suits filed before the civil courts and other
documents, including the settlement deed.
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3. The learned counsel appearing for respondents 5 to 16 submits
that the petitioner has suppressed various material aspects relating to the
civil suits.
4. At this juncture, the learned counsel for the petitioners confined
his prayer to a direction to consider his representation dated 27.02.2019,
which was filed seeking issuance of patta, to which the learned
Government Advocate acceded.
5. In view of the same, this writ petition stands disposed of with a
direction to the second respondent/District Revenue Officer to consider
and pass orders on the representation dated 27.02.2019 after conducting
an inquiry, taking into consideration the pending civil suits between the
parties. Such inquiry shall be conducted after issuing notice to the
petitioners, the respondents 5 to 16 and all the other parties concerned,
recording objections, if any and shall be concluded within a period of
twelve weeks from the date of receipt of a copy of this order. In view of
the order passed in this writ petition, taking note of the pending disputes
between the parties, there is no necessity to pass any further orders in the
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connected miscellaneous petition in WMP (MD) No.16322 of 2022 and
accordingly, the said petition stands closed. No costs.
(K.SURENDER, J)
05.01.2026
NCC :Yes/No
Internet :Yes/No
Index :Yes/No
PKN
To
1. The District Collector,
Theni District.
2. The District Revenue Officer,
Theni District.
3. The Revenue Divisional Officer,
Uthamapalayam, Theni District.
4. The Tahsildar,
Uthamapalayam Taluk, Theni District.
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K.SURENDER, J.
PKN
05.01.2026
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