P.Myilsamy Vs State of Tamilnadu Rep by the Princpal Secretary to Government

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents to pass orders granting revenue patta in the name of the petitioner in respect of land in S.Nos.682/2 and 682/4, Naranapuram, Ponnapuram Village, Dharapuram Taluk, Thiruppur District to an extent of 2.93 ½ acres based on the title deed and judgment and decree passed in O.S.No.352 of 2005 dated 24.07.2015 on the file of District Munsif Court, Dharapuram, in consideration of application submitted by the petitioner dated 10.05.2023, followed by the representation dated 08.04.2025, within a time frame to be fixed by this Hon'ble Court.

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For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.P.Sathish Additional Government Pleader

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O R D E R

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This writ petition has been filed seeking issuance of a writ of

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mandamus directing respondents to grant revenue patta in the name of petitioner in respect of land comprised in S.Nos.682/2 and 682/4, measuring an extent of 2.93 ½ acres, situated at Naranapuram, Ponnapuram Village, Dharapuram Taluk, Thiruppur District, based on the title deed and judgment and decree passed in O.S.No.352 of 2005 dated 24.07.2015 on the file of District Munsif Court, Dharapuram, on the basis of the application

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submitted by petitioner dated 10.05.2023, followed by the representation dated 08.04.2025.

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By consent of learned counsel on both sides, this writ petition is

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taken up for final disposal at the admission stage itself.

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3. The case of petitioner is that petitioner is the owner of punja land comprised in S.No.682, measuring an extent of 2.93 ½ acres, situated

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at Ponnapuram Village, Naranapuram, Dharapuram Taluk, Thiruppur District. The property was originally purchased by petitioner's father vide registered sale deed in Document No.2499 of 1972 along with larger extent of land. Out of the large extent of land, petitioner was allotted 2.93 ½ acres vide registered partition deed in the year 1990 vide Document No.1796 of 1990. Petitioner thereafter settled the property in the name of his daughter vide Document No.6697 of 2018 dated 14.10.2018. In the patta, the name of

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the adjoining land owners, viz., Loganathan, Kasi Viswanathan and Easwaramurthy have been included. According to petitioner, they are only

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owners of the land comprised in Survey No.683 and they have no right over the land comprised in Survey No.682/2 except for a 'Well' which is shared by petitioner along with three others mentioned above. It is the further case of petitioner that he preferred a suit before the District Munsif Court, Dharapuram in O.S.No.352 of 2005 for declaration of title and permanent injunction in respect of the subject land comprised in Survey No.682 measuring an extent of 2.93 ½ cents. The suit was decreed in favour of petitioner and his brother, viz., Muthusamy who were declared to be the owners of the subject property. Pursuant thereto, petitioner had filed an application dated 1 0.05.2023 to 6^th respondent, followed by the representation dated 08.04.2025 before 1 st respondent seeking transfer of patta in respect of land comprised in Survey No.682, particularly in S.Nos.682/2 and 682/4 by deleting the name of the above three persons in respect of the land in Survey No.682/3 and for issuance of patta in respect of Survey No.682/4. Since the same were not considered, the present writ petition has been filed.

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4. Mr.N.Ponraj, learned counsel who seeks to appear for the said Easwaramurthy, one of the adjoining land owners, would submit that, he would have to be heard before the mutation of patta, which was agreed to by learned counsel for petitioner and learned Additional Government Pleader for respondents.

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5. At the outset, it was submitted by learned Additional Government Pleader for respondents that the representation made by petitioner would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by learned counsel for petitioner after affording reasonable opportunity of hearing to petitioner, Loganathan, Kasi Viswanathan and Easwaramurthy

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6. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the concerned respondent, to consider the representation dated 08.04.2025 on its own merits and pass appropriate

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orders in accordance with law within a period of twelve weeks from the date of uploading of the web copy without waiting for the receipt of certified copy, after affording reasonable opportunity of hearing to petitioner, Loganathan, Kasi Viswanathan and Easwaramurthy and any other interested parties, including rival claimants, if any. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

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7. Accordingly, the Writ Petition stands disposed of. No costs.

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12.06.2025

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NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

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W.P.No.20054 of 2025

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To

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The Principal Secretary to Government, State of Tamil Nadu, Revenue and Disaster Management Department, Fort St.George, Secretariat, Chennai - 600 009.

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