Madras High Court

WP/30207/2026 of VENUGOPAL Vs THE TAHSILDAR on 16 October 2026

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WP No. 30207 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2026

CORAM

THE HON'BLE MR.JUSTICE K. SURENDER

WP No. 30207 of 2026

&

W.M.P.Nos.33151 of 2026

CNR: {HCMA011674082026}

1. Venugopal

S/o.Madeswaran,

61/32, Tirupathy Avenue,

Periyapudhur, Fairlands,

Salem District.

2. Mahendran

S/o.Venkatasamy,

No.140, Kennadi Street,

Sooramangalam,

Salem District.

..Petitioners

Vs.

1. The Tahsildar

Kattayampatti,

Omalur (TK),

Salem District.

2. Manikandan

S/o.Govindasamy,

94, Periya Vadakam patti (PO),

Danishpet, Kadayampatti (TK),

Salem District.

..Respondents

Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorari to call for the records in Na.Ka.No.162/

2026/AA3 dated 05.03.2026 on file of the 1st respondent and quash the same and consequently, to direct the 1st Respondent to issue a patta within a stipulated time as fixed by this Court.

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WP No. 30207 of 2026

For Petitioners:

Mr.G.Paramasivam

For Respondent-1

: M/S.R.K.Varshini Government Advocate

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ORDER

The petitioner has filed this Writ Petition seeking for the following relief:- To quash the order dated 05.03.2026 passed by the 1st respondent and consequently, to direct the 1st Respondent to issue a patta within a stipulated time as fixed by this Court.

2. The learned counsel appearing for the petitioners would submit that the petitioner purchased a property in S.No.47/1A to an extent of 1.50 acres by way of a registered sale deed vide Document No.326 of 2026 on 21.01.2026; that right from the date of such purchase, the petitioner is in possession and enjoyment of the said property; that the petitioners submitted an application before the first respondent seeking for issuance of patta in his name based on the said registered sale deed but the first respondent citing the pendency of the civil suit instituted by one Manikandan, (the second respondent herein) who also claims right over the same property, rejected the petitioner’s application in a mechanical manner, without considering the vital fact that the petitioners are the absolute owner of the subject property by way of the aforesaid registered sale deed. Hence, the learned counsel prays for appropriate orders.

3. The learned Government Advocate for the first respondent would submit that in terms of Section 12 of the Tamil Nadu Patta Passbook Act, 1983,

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WP No. 30207 of 2026

as against the Order passed by the first respondent, Tahsildar, Appeal would lie before the Revenue Divisional Officer, and therefore, the petitioner may be relegated to approach the R.D.O. as against the order passed by the first respondent by way of an Appeal.

4. Heard the learned counsel for the petitioner and the learned Government Advocate for the first respondent.

5. In the light of the above submission, the Court is inclined to grant liberty to the petitioner to pursue his appeal remedy before the R.D.O. as against the order dated 05.03.2026 passed by the first respondent in terms of Section 12 of the Tamil Nadu Patta Pass Book Act, 1983.

6. Accordingly, this Writ Petition is disposed of with liberty to the petitioner to prefer an Appeal under Section 12 of the Tamil Nadu Patta Pass Book Act, before the R.D.O as against the impugned order dated 05.03.2026 passed by the first respondent. If any such Appeal is filed by the petitioner, the competent Authority, viz., R.D.O shall entertain the same without rejecting it on the ground of limitation, if any. No costs. Consequently, connected miscellaneous petition is closed. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SD

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WP No. 30207 of 2026

To

1. The Tahsildar Kattayampatti, Omalur (TK), Salem District.

2. Manikandan S/o.Govindasamy, 94, Periya Vadakam patti (PO), Danishpet, Kadayampatti (TK), Salem District.

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WP No. 30207 of 2026

K.SURENDER, J. SD WP No. 30207 of 2026 16-10-2026

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