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2026 Supreme(Online)(Mad) 41285

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Srimathy, J
P.Petchimuthu – Appellant
Versus
The District Collector – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.I.Pinaygash
For the Respondents: Mr.A.Oliraja

Revenue authorities must verify temple ownership claims before issuing patta when conflicting reports exist regarding land status.

Headnote:The Court directed the Tahsildar to verify whether the subject land in Survey No. 194/2 is temple property by issuing notice to the petitioner and Maniyachi Varashithi Vinayagar Temple. The Court observed that after verifying the competing claims, the Tahsildar has to consider the petitioner's application and pass appropriate orders on merits within four months.

Table of Content
1. petitioner claims title under sale deed with prior suit decree. (Para 1 , 2)
2. tahsildar directed to verify temple ownership claim. (Para 3)
3. writ petition disposed with directions. (Para 4)

THE HONOURABLE MRS.JUSTICE S.SRIMATHY P.Petchimuthu ... Petitioner Vs

1. The District Collector, Collectorate, Thoothukudi District.

2. The Revenue Divisional Officer / the Sub-Collector, O/o.Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

3. The Tahsildar, O/o.Tahsildar Office, Ottapidaram Taluk Office, Thoothukudi District. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent Nos. 2 and 3 to transfer patta in the name of the petitioner in respect of the land in Survey No. 194/2, to an extent of 0.78.5 Hectares Situated at Kollankinaru Village, Ottapidaram Taluk, Thoothukudi District, based on sale deed No.2340/2013 dated 11.12.2013 and in the light of the recommendation given by the 2nd respondent in Na.Ka.A2/576/2018 dated 25.02.2019 for issuance of patta and based on order passed by the District Munsif cum Judicial Magistrate, Ottapidaram in O.S.No.125 of 2022 dated 09.12.2024 by considering the online application dated

17.02.2026 within the time stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For R-1 to R-3 : Mr.A.Oliraja Government Advocate

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondent Nos. 2 and 3 to transfer patta in the name of the petitioner in respect of the land in Survey No. 194/2, to an extent of 0.78.5 Hectares Situated at Kollankinaru Village, Ottapidaram Taluk, Thoothukudi District, based on sale deed No.2340/2013 dated 11.12.2013 and in the light of the recommendation given by the 2nd respondent in Na.Ka.A2/576/2018 dated 25.02.2019 for issuance of patta and based on order passed by the District Munsif cum Judicial Magistrate, Ottapidaram in O.S.No.125 of 2022 dated 09.12.2024 by considering the online application dated 17.02.2026.

2. The petitioner is claiming right over the property in Survey No. 194/2, measuring an extent of 0.78.5 hectares. The petitioner purchased the said property through Sale Deed No. 2340 of 2013 dated 11.12.2013. Originally, the property belonged to one Gandhimathinathan Pillai, and patta stands in his name. After his demise, his legal heirs, namely Sundarajammal, Sivakami, Nalla Perumal, Sankaralingam, Lakshmi, Venkata Lakshmi, Karpagam, and Ramasubramanian, inherited the property. Thereafter, they sold the property to the petitioner through the aforesaid sale deed. However, there was an error in the issuance of patta. Therefore, the petitioner filed a suit in O.S.No.125 of 2022 on the file of District Munsif cum Judicial Magistrate, Ottapidaram. The suit was filed against the District Collector and the revenue authorities. Now, the petitioner is seeking issuance of an individual patta. However, it has come to the petitioner’s knowledge that the land belongs to the temple. The District Revenue Officer has submitted a report stating that the land does not belong to the temple. On perusing the same, it is seen that the petitioner is claiming right over Survey No. 194/2 where the temple is situated in Survey No. 194A/2.

3. In view of the above, in order to verify whether the land is temple property, the Tahsildar is directed to issue notice to the petitioner as well as to the said temple namely. Maniyachi Varashithi Vinayagar Temply and thereafter, consider the petitioner's application and pass appropriate orders on merits in accordance to law. The said exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

4. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

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