WP/34694/2023 of M.LOGANATHAN Vs THE DISTRICT COLLECTOR

WP No. 34694 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-04-2026 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY WP No. 34694 of 2023 M.Loganathan S/o.Marappa Gounder, 171, Sembaruthikattu Thottam, Murugakadu, Koorapalayam, Pichandampalayam Post, Perundurai- 638 052. Petitioner(s) Vs 1. The District Collector Erode District, Perundurai Road, Erode. 2.The District Revenue Officer O/o.Collectorate Building, , Perundurai Road, Erode. 3.The Revenue Divisional Officer Brough Road, Erode, Erode. 4.The Tahsildar O/o.Tahsildar, Erode, Erode Taluk, , Erode District. 5.Parimaladevi W/o.Late Velusamy, Koorapalayam, Pichandampalayam Post, Perundurai- 638 052. 6.Bhanupriya D/o.Late Velusamy Koorapalayam, Pichandampalayam Post, Perundurai- 638 052. 7.Shanmugham S/o.Late.Velusamy Koorapalayam, Pichandampalayam Post, Perundurai. https://www.mhc.tn.gov.in/judis WP No. 34694 of 2023 8.Sulochana W/o.Ramasamy, Thiruvenkidam Palayam Pudur, Karumandi Sellipalayam, Perundurai. 9.Kathiresan S/o.Late Chinnasamy. 16 Main Vetthi, Koorapalayam, Erode Taluk, Erode. 10.Kumarasamy S/o.Late.Chinnasamy 16.Main Veethi, Koorapalayam, Erode Taluk, Erode. 11.Manoranjitham W/o.C.Palanisamy, No.27a Vettuvapalayam, Perundurai Taluk, Erode District. 12.Somasundharam (s/o.Late.Nallammal) S/o.Late.Chennimalai Gounder Karumandi Chellipalayam Perundurai Taluk, Erode District. 13.Paramasivam (s/o.Late.Nallammal) S/o.Late.Chennimalai Gounder Karumandi Chellipalayam, Perundurai Taluk, Erode District. 14.Saroja (d/o.Late. Chennimalai Gounder Karumandi Chellipalayam Perundurai Taluk, Erode District. 15.Jeyamani W/o.Late Somasundharam, Residing At 5, Amt Complex, Thangam Fancy, Kanjikovil Naal Road, Kanjikovil, Erode-638 116 16.Jananishree D/o.Late Somasundharam, Residing At 5, Amt Complex, Thangam Fancy, Kanjikovil Naal Road, Kanjikovil, https://www.mhc.tn.gov.in/judis WP No. 34694 of 2023 Erode-638 116 17.Devayani D/o.Late Somasundharam, Residing At 5, Amt Complex, Thangam Fancy, Kanjikovil Naal Road, Kanjikovil, Erode-638 116 R15 -17 impleaded vide order dated 07.04.2026 passed in WMP.No.33679 of 2024 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records comprised in Na.Ka. No. 6416/2019 /A4, dated 12.02.2020, on the file of the 3rd Respondent, and the consequential order comprised in Na.Ka. No. 7440/ 2020/ U1 dated 30.06.2023 on the file of the 2nd respondent and quash the same as illegal For Petitioner(s): Mr.V .Kadhirvelu For Respondent(s): Mr.C.Gowthamaraj, GA for R1 to 4 Mr.M.Guruprasad, for R5 to 7 Mr.A.Sundaravadhanam, for R8 to 11 R12 – Died R13 & 14 No appearance ORDER This writ petition has been filed challenging the impugned order da ted 12.02.2020 passed by the 3rd respondent. 2. The learned counsel for the petitioner would submit that in this c ase, initially, the Zonal Deputy Thasildhar had granted patta for the subje ct property in favour of the petitioner. Aggrieved over the same, an appeal was filed by the 9th respondent before the 3 rd respondent. Hence, the order passed by the https://www.mhc.tn.gov.in/judis WP No. 34694 of 2023 Thasildhar was modified by the 3 rd respondent and the joint patta was issued in favour of all the concerned parties. Against the same, an appeal was preferred before the 2 nd respondent, wherein the order passed by the 3 rd respondent was confirmed. Hence, this petition. 3. Further, it was brought to the knowledge of this Court by the private respondents that a suit in OS.No.219 of 2017 was filed by the respondents 5 to 7 and the same is pending. 4. In reply, the learned counsel for the official respondents would su bmit that the patta can be issued, subject to the outcome of the aforesaid suit. Hence, he requests this Court to pass appropriate orders. 5. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record. 6. In the case on hand, a direction was issued by the 3 rd respondent vide order dated 12.02.2020 for issuance of joint patta. The said order was confirmed by the 2nd respondent vide order dated 30.06.2023. On the other hand, a suit for partition was filed by the respondents 5 to 7 and the same is pe nding before the I Additional District Judge, Erode in OS.No.219 of 2017. https://www.mhc.tn.gov.in/judis WP No. 34694 of 2023 7. When such being the case, it is clear that initially the ri ghts of the parties over the subject property has to be decided by the aforesai d Civil Court in the suit filed by the respondents 5 to 7. Thereafter, the patt a will be issued subject to the outcome of the said suit. Therefore, at this stage, this Court cannot entertain this petition and pass orders for issuance of patta. 8. In view of the above, this Court is inclined to dismiss this pet ition. Accordingly, this writ petition is dismissed. No cost. While dismissing this petition, this Court directs the learned 1 st Additional District Judge, Erode, to dispose of the partition suit, in OS.No.219 of 2017, preferably within a period of 6 months from the date of receipt of a copy of this order. 07-04-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 34694 of 2023 To 1.The District Collector Erode District, Perundurai Road, Erode. 2.The District Revenue Officer O/o.Collectorate Building, , Perundurai Road, Erode. 3.The Revenue Divisional Officer Brough Road, Erode, Erode. 4.The Tahsildar O/o.Tahsildar, Erode, Erode Taluk, , Erode District. Copy to 1st Additional District Judge, Erode https://www.mhc.tn.gov.in/judis W.P.No.34694 of 2023 KRISHNAN RAMASAMY.J., Today, this matter is listed under the caption ‘for being mentioned’. 2. In the original order dated 07.04.2026, it has been erroneously marked as ‘no appearance’ for the 14 th respondent. However, the learned Counsel, Ms.A.Jagadeeswari had entered appearance for the 14th respondent. 3. In view of the above, in the order dated 07.04.2026 made in W.P.No.34694 of 2023, in the appearance portion, the name of the learned Counsel, Ms.A.Jagadeesw ari shall be recorded as having entered appearance for the 14th respondent. 4. The Registry is directed to issue a fresh order copy by incorpora ting the above correction. 21.04.2026 vm https://www.mhc.tn.gov.in/judis KRISHNAN RAMASAMY.J., vm W.P.No.34694 of 2023 21.04.2026 https://www.mhc.tn.gov.in/judis