Dismissed

S. Sudalai Muthu v. The District Collector

Madras HC5 Mar 2025WP(MD)/1707/2025

Case brief

AI extract

What is this about?

The Madurai Bench dismissed a writ petition seeking cancellation of a patta issued in the name of the fourth respondent. The court held the petitioner had no title interest, as the actual owner was his mother, thus the petition was not maintainable.

What did the court decide?

Petitioner is directed to file an application before revenue authorities if the mother is interested, but no writ is issued.

S. Sudalai Muthu Vs The District Collector — Civil Procedure and Limitation | Madras HC (2025)

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W.P.(MD)No.1707 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 05.03.2025

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CORAM:

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THE HONOURABLE MR JUSTICE P.B. BALAJI

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W.P.(MD)No.1707 of 2025

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S.Sudalai Muthu ... Petitioner

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Vs.

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The District Collector District Collector Office, Tenkasi District, Tenkasi.

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2.The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi District, Tenkasi.

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3.The Tahsildar Tahsildar Office, Alangulam, Tenkasi District.

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4 J.Jebamani Danraj ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents 1 to 3 to cancel the Patta issued in the name of the 4^th respondent in respect of the properties in S.No. 61/1F1, to an extent of 21 ares, situate at Nagalkulam, Pethanadarpatti II Village, Alangulam Taluk, Tenkasi District within the time stipulated by this Court.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.1707 of 2025

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For Petitioner : Mr.P.Murugesan For Respondents : Mr.C.Satheesh Government Advocate for R1 to R3 : Mr.T.Lenin Kumar for R4

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ORDER

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The petitioner seeks issuance of writ of mandamus, to direct the

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respondents 1 to 3 to cancel the patta issued in the name of the fourth respondent.

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It is the case of the writ petitioner that the impugned order came to be passed without hearing the petitioner.

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On going through the records and the affidavit filed in support of the writ petition, it is seen that the petitioner has no right or title interest in the subject land. It is only his mother, viz.,Subbulakshmi, whose name is included in the joint patta bearing No.1063. Therefore, if at all any person can be aggrieved, it can be the petitioner's mother and not the petitioner. The writ petitioner has not approached this Court on the basis of any power of attorney issued by his mother, to initiate the present writ petition.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.1707 of 2025

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In view of the above, I am unable to entertain the writ petition and issue any direction to the respondents as prayed for. Hence, this Writ Petition is dismissed. However, it is open to the mother of the petitioner to make an appropriate application before the revenue authorities and if and when filed, the same can be considered on merits and in accordance with law, after hearing the parties concerned. There shall be no order as

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to costs.

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Index : Yes / No NCC : Yes / No 05.03.2025 LS To

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The District Collector District Collector Office, Tenkasi District, Tenkasi.

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The Revenue Divisional Officer Revenue Divisional Office, Tenkasi District, Tenkasi.

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The Tahsildar Tahsildar Office, Alangulam, Tenkasi District.

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3/4

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.1707 of 2025

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P.B. BALAJI, J.

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Order made in W.P.(MD)No.1707 of 2025

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Dated: 05.03.2025

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4/4 https://www.mhc.tn.gov.in/judis

S. Sudalai Muthu v. The District Collector

Case brief

What is this about?

What did the court decide?

S. Sudalai Muthu v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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