BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ORDER RESERVED ON : 11.08.2022 ORDER PRONOUNCED ON : 13 .09.2022 CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).Nos.6015 & 3969 of 2012 and MP(MD).Nos.2 of 2012 and 2,3 & 4 of 2012 W.P(MD).No.6015 of 2012

1.Mohamed Farook

2.Zarina Farook

3.Mohamed Siddique .....Petitioners Vs

1.The District Collector Pudukkottai Pudukkottai District

2.The Assistant Commissioner (Land Reforms)

Old Collector Office Building Trichy

3.The Tahsildar Pudukkottai Pudukkottai District

4. Sulthan Mohaideen

5.Noorjahan Begam

6.Abbas Ajmeer Mohaideen ....Respondents

1.Kesava Rao

2.Sankara Narayanan ...Petitioners Vs

1.The Land Commissioner (Land Reforms)

Chepquk Chennai – 5

2.The Assistant Commissioner (Land Reforms)

Old Collector Office Building Trichy

3.The Sub-Inspector (Land Reforms)

Pudukkottai Section Trichy

4.The District Collector Pudukkottai Pudukkottai District

5.The Thasildar Pudukkottai Pudukkottai District

6.V.Suriyaprakash

7.V.Kanagaraj ...Respondents.

(7^th Respondent is impleaded vide Court order dated 05.08.2022)

Prayer in W.P(MD).No.6015 of 2012: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to change the patta relating to SF.No.558/2 of Sammattividhuthi Village, Pudukkottai Taluk and District in the name of the petitioners and respondents 4 to 6.

Prayer in W.P(MD).No.6015 of 2012 : This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the order of the second respondent in Na.Ka.Aa4/M.R. 4/204/17-70/Puduk dated 20.02.2012 and quash the same as arbitrary, illegal.

For Petitioners :Mr.K.Balasundharam in both the petitions For Respondents :Mr.N.Muthuvijayan Special Government Pleader For R1 to R3 in WP.No.6015 of 2012 & For R1 to R5 in WP.No.3969 of 2012 Mr.Arun @ Arunachalam For R4 to R6 in WP.No.6015 of 2012 For R6- No appearance in WP.No.3969 of 2012 For R7 Mr.R.Sundar in WP.No.3969 of 2012

COMMON ORDER

WP(MD).No.6105 of 2012 has been filed seeking a writ of mandamus directing the third respondent to transfer patta relating to S.F.No.558/2, Sammattividuthi Village, Pudukkottai Taluk, in the name of the petitioners and respondents 4 to 6.

2.WP(MD).No.3969 of 2012 has been filed challenging an order passed by the Assistant Commissioner (Land Reforms), Trichy on 20.02.2012 under which the authorities have directed the Sub Inspector ( Land Reforms) to effect mutation in the Village and Taluk account as Government surplus Tharisu and send a report to him.

The learned counsel for the petitioners in WP(MD).No.6015 of 2012 has contended as follows:

3.The petitioners and the respondents 4 to 6 are said to have been purchased an extent of 16.39.50 Hectare in Survey No.558/2 from one Santha and his son under a registered sale deed dated 13.01.2005. According to the petitioners, the revenue records were also standing in the name of the vendors and thereafter, patta was also transferred in the name of the petitioners and respondents 4 to 6 by an order of the third respondent dated 27.11.2006. Thereafter, relevant entries were made in 'A' Register, Adangal and Chitta. The second respondent had issued an order regarding the properties purchased by them to change the classification as Government Ceiling Waste. Only thereafter, they came to know that the third respondent has unilaterally changed the patta granted in favour of the petitioners in the name of the second respondent without giving any notice or without hearing the petitioners about the property. Based on the unilateral communication sent by the second respondent, the third respondent has effected mutation in the revenue records without issuing notice to the writ petitioners in whose name patta was standing. Hence, the present writ petition has been filed seeking a writ of mandamus directing the third respondent to again change patta in the name of the petitioners and the respondents 4 to 6.

The learned counse