Madras High Court
WP(MD)/2815/2019 of SANTHAPPAN (DIED) Vs THE DISTRICT REVENUE OFFICER on 4 November 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04-11-2026
CORAM
THE HON'BLE MR. JUSTICE K.KUMARESH BABU
W.P.(MD)No.2815 of 2019
and
W.M.P.(MD)Nos.2135 and 2136 of 2019
CNR:{HCMD010519492019}
1. Santhappan (died)
2. S.Mariammal
3. S.Isac Bastin
4. S.Victor Emelda Mary
5. S.Lawrence William
6. S.Josephine Marcy
7. S.Paulraj
8. S.Agustin Raj
..Petitioners
Vs
1. The District Revenue Officer,
Collector Office Building, Trichy.
2. The Tahsildar,
Manapparai Taluk, Trichy District.
3. Innasi
4. Jeyaseeli
5. Thomas
6. E.Arokiam
7. Valliammai
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, to call for the record relation to the order dated 02.01.2019, passed by the first respondent in his proceedings in Mu.Mu.Aa5/7565/2018 and quash the same as illegal consequently direct the 1st respondent to remove the name of Savarimuthu S/o. Santhappan in Patta No.229, Savarimuthu, M/o.Arockiaammal in Patta No.2268 and Arockiam, Thomas, Valliammai in Patta No.2530.
For Petitioners
:Mr.T.Leninkumar
For R1 and R2
:Mr.S.Vashik Ali
Additional Government Pleader
For R3
:Mr.H.Lakshmi Shankar
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ORDER
The present Writ Petition has been filed in the nature of a Certiorarified Mandamus challenging the impugned order passed by the first respondent, dated 02.01.2019 with a consequential direction to the first respondent to remove the name of Savarimuthu S/o.Santhappan in Patta No.229, Savarimuthu, M/o.Arockiaammal in Patta No.2268 and Arockiam, Thomas, Valliammai in Patta No.2530.
2. Heard the learned Counsel on either side.
3. The issue on hand had already been dealt with by the Hon’ble Division Benches of this Court in the case of Kuppuswami Nainar -vs.- The District Revenue Officer and others, reported in (1995) 1 MLJ 426, and in the case of Vishwas Footwear Company Ltd. v. The District Collector, Kancheepuram and others reported in 2011 (5) CTC 94 wherein, it has been categorically held that the issue with regard to the title and issuance of the patta could not be dealt with by this Court under Article 226 of the Constitution of India and such dispute can only resolved by the competent civil Court.
4. The petitioners’ challenge, in view of the aforesaid judgments, cannot be entertained. However, the petitioners can approach the competent civil Court in that regard. It is made clear that if the petitioners choose to file a civil suit as against the proceedings of the official respondent and claiming title over the subject property, the period of pendency of this Writ Petition being aggrieved against the order passed by the official respondents from the date of its initiation till the date of disposal shall stand excluded.
5. With the aforesaid observations, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 04-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cmr To
1. The District Revenue Officer, Collector Office Building, Trichy.
2. The Tahsildar, Manapparai Taluk, Trichy District.
K.KUMARESH BABU, J. cmr WP(MD) No. 2815 of 2019 04-11-2026