Palani Kunnakudi Samuthirapatti Annathanamadam Vs… — Writ and Judicial Review | Madras HC (2025)

Palani Kunnakudi Samuthirapatti Annathanamadam Vs… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No substantive relief granted; writ petition disposed of with a clarification that the petitioner may pursue his remedy before the Civil Court against interference by the fourth respondent; no costs awarded; connected Miscellaneous Petition (W.M.P(MD)No.6666 of 2023) closed.

Issue for consideration

Whether respondents 1 and 2 should be directed to mutate the revenue records and issue patta in favour of the petitioner trust in respect of S.Nos.139/1A, 139/1C and 139/1E, Samuthirapatti Village (subsequently not pressed by the petitioner). +1 more

Court's answer

Since the enquiry on mutation is pending before the official respondents and the petitioner did not press the first limb of the prayer, the Court disposed of the writ petition with the above clarification, without granting any direction on mutation or patta.

Ratio / Principle

If the fourth respondent attempts to interfere with the petitioner's possession, the petitioner, on the strength of the order passed in his favour by the District Collector, is at liberty to work out his remedy before the Civil Court in the manner known to law; no restraint was issued in the writ jurisdiction.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench) — Writ petition under Article 226 by a trust seeking mandamus to the District Collector and District Revenue Officer, Dindigul, to mutate revenue records and issue patta for S.Nos.139/1A, 139/1C and 139/1E, Samuthirapatti Village, Natham Taluk, relying on an assignment order (R.Dis.562/G/42, dated 30.5.1943) of the then District Collector, Madurai, and seeking restraint against the Samuthirapatti Village Panchayat from interfering with its possession. At hearing, the petitioner did not press the mutation/patta limb as the enquiry was pending before the official respondents, and an endorsement to that effect was recorded. The Court held that the petitioner, claiming occupancy rights under the 1943 Collector's order, is at liberty to work out his remedy before the Civil Court against any interference with possession, and disposed of the writ petition with this clarification, without costs, closing the connected miscellaneous petition.

W.P(MD)NO.7046 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 24 .07.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR

W.P(MD)No.7046 of 2023 and

W.M.P(MD)No.6666 of 2023

Palani Kunnakudi Samuthirapatti Annathanamadam, represented by its Trustee, K.P.S.P.S.S.P Palaniappa Chettiar.

... Petitioner

.Vs.

1.The District Collector, Dindigul.

2.The District Revenue Officer, Office of the District Revenue Office, Dindigul.

3.The Assistant Director of Panchayat, Village Panchayats, Dindigul.

4.The Samuthirapatti Village Panchayat, through its President. Samuthirapatti Village, Natham Taluk,

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W.P(MD)NO.7046 of 2023

Dindigul District.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to mutate the revenue records and issue patta in favour of Petitioner Trust in respect of the lands in S.Nos.139/1A, 139/1C and 139/1E situated in Samuthirapatti Village,Natham Taluk, Dindigul District as per the proceedings in R.Dis.562/G/42, dated 30.5.1943 issued by the then District Collector, Madurai and the judgment of the competent Civil Courts within the time limit fixed by this Court.

For Petitioner : Mr.VR.Shanmuganathan For Respondents : Mrs.S.Jeya Priya 1 to 3 Govt. Advocate For Respondent-4 : Ms.H.Jasima Yasmin for M/s.Ajmal Associates

O R D E R

The Writ Petition is filed seeking a direction to the respondents 1 and 2 to mutate the revenue records and issue patta in favour of Petitioner Trust in respect of the lands in S.Nos. 139/1A, 139/1C and 139/1E situated in Samuthirapatti Village, Natham Taluk, Dindigul District as per the proceedings in R.Dis. 562/G/42, dated 30.5.1943 issued by the District Collector, Madurai. The Petitioner also seeks restraint order against the fourth respondent from interfering with his possession.

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W.P(MD)NO.7046 of 2023

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.When the Writ Petition is taken up for hearing today, the learned counsel for the petitioner submits that he is not pressing the Writ Petition insofar as the first limb of the prayer seeking direction to the respondents 1 and 2 to mutate the revenue records, as enquiry in this regard is pending before the official respondents. The learned counsel has also made an endorsement to that effect in the Court bundle and the same is recorded. As far as the second limb is concerned, the Petitioner seeks restraint order against the fourth respondent not to interfere with his possession. The Petitioner herein claims occupancy right over the subject property by virtue of assignment order passed by the District Collector, Madurai on 30.5.1943.

4.A perusal of the same would establish that the Petitioner was given right to occupy the property situated in S.Nos.139/1A, 139/1C and 139/1E situated in Samuthirapatti Village,Natham Taluk, Dindigul District with certain conditions. If it is the case of the petitioner that the fourth respondent has attempted to interfere with his possession over the subject property, the

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W.P(MD)NO.7046 of 2023

Petitioner, on the strength of the order passed by the District Collector in his favour, is at liberty to work out his remedy before the Civil Court, in the manner known to law.

5.With this clarification, the Writ Petition is disposed of. No

costs. Consequently, connected Miscellaneous Petition is closed.

24.07.2025

NCS : Yes/No Index : Yes / No Internet : Yes / No vsn

To

1.The District Collector, Dindigul.

2.The District Revenue Officer, Office of the District Revenue Office, Dindigul.

3.The Assistant Director of Panchayat, Village Panchayats, Dindigul.

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S.SOUNTHAR.,J.

vsn

ORDER MADE IN

W.P(MD)No.7046 of 2023 and W.M.P(MD)No.6666 of 2023

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