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Madras High Court
Elumalai vs The District Collector on 10 March, 2026
Author: Abdul Quddhose
Bench: Abdul Quddhose
WP No. 8407 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-03-2026
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
WP No. 8407 of 2026
Elumalai
Petitioner(s)
Vs
1. The District Collector
Kallakurichi District
2.The Tahsildar
Vanapuram Taluk, Kallakuirichi District
3.Sivaprakasam
4.Singaravelan
5.The Revenue Divisional Officer,
Kallakurichi,
Kallakurichi District.
(R5 suo motu impleaded by this Court
vide order dated 10.03.2026 by AQJ)
Respondent(s)
PRAYER
To Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction
directing the respondents to consider the petitioners representation dated
21.05.2025 and consequently transfer the patta in favour of the petitioner and
his brother in respect of the land comprised in Survey No.145/9A and 145/9C
measuring 0.31.50 Acres situated at Jamabadai Village, Sankarapuram Taluk
and District.
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WP No. 8407 of 2026
For Petitioner(s): Mr.V.Gunasekar
For Respondent(s): Mr.C.Jayaprakash
Govt Advocate For R1,R2 and 5
R3 and R4 -Pvt dispensed with
ORDER
This writ petition has been filed to direct the official respondents to
transfer the patta for the property, morefully disclosed in the prayer to this writ
petition, in favour of the petitioner, based on the petitioner’s representation
dated 21.05.2025.
2.Admittedly, the patta now stands in the name of the fourth respondent.
Instead of seeking for cancellation of the fourth respondent’s patta and for
issuance of patta in the name of the petitioner thereafter, the petitioner had given
a representation on 21.05.2025 to the official respondents seeking for transfer of
patta in the name of the petitioner without seeking for cancellation of the fourth
respondent’s patta. Only when the fourth respondent’s patta gets cancelled, the
question of transferring the patta in the name of the petitioner will arise.
3.Learned counsel for the petitioner would now submit that the petitioner
is willing to give a representation to the competent authority seeking for
cancellation of the fourth respondent’s patta and thereafter for issuance of patta
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in the name of the petitioner and a direction may be issued to the said competent
authority to consider the petitioner’s representation, on merits and in accordance
with law, within a time frame to be fixed by this Court.
4.Since the Revenue Divisional Officer, Kallakurichi, Kallakurichi
District has not been arrayed as party respondent in this writ petition, this Court,
by exercising its suo motu powers, impleads the Revenue Divisional Officer,
Kallakurichi, Kallakurichi District as the fifth respondent in this writ petition.
Registry is directed to carry out the necessary amendment.
5.Mr.C.Jayaprakash, learned Government Advocate accepts notice on
behalf of respondents 1, 2 and 5. Since no adverse order is being passed against
respondents 3 and 4, notice to respondents 3 and 4 is dispensed with by this
Court.
6.Since the representation dated 21.05.2025, which is the subject matter
of this writ petition, is incorrect, the following directions are issued by this
Court, after recording the submissions made by the learned counsel for the
petitioner, on instructions:
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a)The petitioner is directed to submit a fresh representation to the
competent authority, namely, the Revenue Divisional Officer, Kallakurichi,
Kallakurichi District seeking for cancellation of the fourth respondent’s patta for
the property, morefully disclosed in the prayer to this writ petition, within a
period of two weeks from the date of receipt of a copy of this order;
b)On receipt of the aforesaid representation from the petitioner within the
stipulated time, the Revenue Divisional Officer, Kallakurichi, Kallakurichi
District shall pass final orders, on merits and in accordance with law, after
giving due consideration to the supporting documents filed by the petitioner and
after hearing the objections of respondents 3 and 4 and any other third party
whom the newly impleaded fifth respondent deems it fit to enquire, within a
period of 12 weeks thereafter.
No costs.
10-03-2026
vga
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To
1.The District Collector
Kallakurichi District
2.The Tahsildar
Vanapuram Taluk, Kallakuirichi District
3.The Revenue Divisional Officer,
Kallakurichi, Kallakurichi District.
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ABDUL QUDDHOSE J.
vga
10-03-2026
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