Petitioner sought mandamus to mutate revenue records for portions of ancestral land held under an oral partition. The Tahsildar was directed to consider the representation dated 6.5.2025 on merits within 12 weeks, issuing notice to the petitioner and other descendants of the original pattadhar.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.06 .2025
CORAM:
THE HON'BLE MR JUSTICE S.SOUNTHAR
W.P(MD)No.16000 of 2025
A.Peter ... Petitioner
.Vs.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
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of India, praying this Court to issue a Writ of Mandamus directing the respondents to do mutation of records by measuring and demarcating the land bearing S.No.170/4A1B, 170/4A4, 187/1B,188/1B, 188/1E and 188/8B and with patta No. 68 situated at Muruguthuranpatti Village, Nilakkottai Taluk, Dindigul District in the revenue records by taking into account the Petitioner’s representation, dated 6.5.2025.
For Petitioner : Mr.A.Rajini For Respondents : Mr.D.S.Nedunchezian 1 to 3 Govt. Advocate For Respondent-4 : Mr.M.Vaikkam Karunanithi Govt.(Crl.Side)
O R D E R
The Petitioner herein seeks a direction to the respondents to do mutation of records by measuring and demarcating the land bearing S.No.170/4A1B, 170/4A4, 187/1B,188/1B, 188/1E and 188/8B and with patta No.68 situated at Muruguthuranpatti Village, Nilakkottai Taluk, Dindigul District in the revenue records by taking into account the Petitioner’s representation, dated 6.5.2025.
2.Mr.D.S.Nedunchezian, learned Government Advocate takes notice for the respondents 1 to 3 and Mr.M.Vaikkam Karunanithi,learned Government Advocate(Crl.Side) takes notice
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for the fourth respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.It is the case of the Petitioner that the land in S.No. 170/4A1B, 170/4A4, 187/1B,188/1B, 188/1E and 188/8B, covered by patta No.68 situated at Muruguthuranpatti Village, Nilakkottai Taluk, Dindigul District, is his ancestral property and the patta stand in the name of the Petitioner’s grand father Anthonymuthu. It is claimed by the Petitioner that he has been in possession and enjoyment of a portion of the land based on an oral partition in the family and the mutation of revenue records has not been effected in respect of the portion of land in possession of the Petitioner. Therefore a representation was submitted by the petitioner on 6.5.2025 seeking mutation of revenue records. The same has not been considered till date. Hence, the Petitioner has come forward with the present Writ Petition for the relief stated supra.
4.Mr.D.S.Nedunchezian, learned Government Advocate, who takes notice for the respondents 1 to 3 would submit that the representation submitted by the Petitioner will be considered on its own merits within the time stipulated by this Court.
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5.The Petitioner herein claims that he is in possession of a portion of the ancestral property in an oral partition. In these circumstances, it is for the respondents to issue notice to all the co owners who are all the descendants of Anthonmimuthu and decide whether mutation of revenue records can be done based on the consent of the co-owners.
6.Therefore the second respondent is directed to consider the representation of the Petitioner, dated 6.5..2025 and pass final orders on its own merits after issuing notice to the Petitioner and other interested parties, namely, the descendants of the original pattadhar Anthonimuthu, within a period of 12 weeks from the date of a copy of this order.
7.With the above direction, the Writ Petition stands disposed of. No costs.
13.06.2025
NCS : Yes/No Index : Yes / No Internet : Yes / No
vsn To
1.The District Collector,
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Dindigul Collectorate, Dindigul District.
S.SOUNTHAR.,J.
vsn
ORDER MADE IN
W.P(MD)No.16000 of 2025
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13.06.2025
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1 issue framed by the court
Whether the Tahsildar should consider and decide the petitioner's representation for mutation of revenue records for the ancestral land after oral partition.
1 provisions across 1 enactments
A.Peter
The District Collector, Dindigul Collectorate, Dindigul District
The Tahsildar, Nilakkottai Taluk Office, Nilakkottai, Dindigul District
The Surveyor, Nilakkottai Taluk Office, Nilakkottai, Dindigul District
The Police Station, Ammaiyanaikkanur, Nilakkottai Taluk, Dindigul District
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
