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Alagar Vs The Special Deputy Collector (Tenancy Rights)

Alagar vs The Special Deputy Collector (Tenancy Rights)

Type Court Judgment Court Chennai Decided Jan 08, 2026
~4 min read
https://sooperkanoon.com/case/1693262

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
WP(MD)/328/2026

Parties & Advocates

Appellant / Petitioner

Alagar

Respondent

The Special Deputy Collector (Tenancy Rights)

Excerpt

.....respondent, appellate authority, is not complied with by the second respondent, it is for the petitioner to approach the first respondent, appellate authority, instead of approaching this court. however, the learned special government pleader appearing for the respondents undertook that the petitioner’s representation dated 15.12.2025 would be considered and appropriate orders would be passed by the second respondent within a period of twelve weeks.7. recording the above submission and without expressing anyopinion on the merits of the matter, this writ petition is disposed of with a direction to the second respondent to consider the petitioner's representation dated 05.12.2025 on merits and in accordance with and pass appropriate orders within a period of twelve weeks from the date of page no. 4 of 6 receipt of a copy of this order. it is needless to state that before passing any order, the petitioner shall be heard. there shall be no order as to costs.[k.surender, j.] 08.01.2026 jen index : yes / no internet : yes / no neutral citation : yes / no to 1.the special deputy collector (tenancy rights), appellate authority under the tamil nadu agricultural lands record of tenancy right act, 1969, revenue court, thanjavur district. 2.the tahsildar-cum- registrar of tenancy rights, kumbakonam taluk, thanjavur district.page no. 5 of 6k.surender, j.jen 08.01.2026 page no. 6 of 6

Full Judgment

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER

Alagar ... Petitioner Vs. 1.The Special Deputy Collector (Tenancy Rights), Appellate Authority under the Tamil Nadu Agricultural Lands Record of Tenancy Right Act, 1969, Revenue Court, Thanjavur District. 2.The Tahsildar-cum- Registrar of Tenancy Rights, Kumbakonam Taluk, Thanjavur District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the second respondent to comply with and give effect to the appellate order dated 27.06.2025 passed in Appeal No.2 of 2024 by considering the petitioner’s representation dated 05.12.2025 and consequently directing restoration and registration of the petitioner’s name in the tenancy rights register in respect of the agricultural land comprised in Survey No.10/3 measuring and extent of 0.69.5 hectares.

Page No. 1 of 6 For Petitioner : M/s.C.Geetha For Respondents : Mr.P.Subbaraj Special Government Pleader *****

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second respondent to comply with and give effect to the appellate order dated 27.06.2025 passed in Appeal No.2 of 2024, by considering the petitioner’s representation dated 05.12.2025 and consequently to restore and register the petitioner’s name in the tenancy rights register in respect of the agricultural land comprised in Survey No.

2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the petitioner is the lawful lessee and cultivating tenant of the agricultural land comprised in Survey No. Page No. 2 of 6

Tirupuvanam Shri Mangala Vinayagar Temple, Thanneer Pandal Trustee. One Balasubramanian falsely approached the competent authority under the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969, claiming tenancy rights over the said land.

4. Without issuing any notice to the petitioner, the Registering

Authority, by order dated 11.07.2024, registered the tenancy right in favour of the said Balasubramanian. Aggrieved thereby, the petitioner filed an appeal in Appeal No.2 of 2024 before the appellate authority, namely, the first respondent herein. After hearing the petitioner as well as the said Balasubramanian, the first respondent, by order dated 27.06.2025, allowed the petitioner’s appeal, set aside the earlier order dated 11.07.2024 and directed the Registrar of Tenancy Rights to restore and register the petitioner’s name as the cultivating tenant in the tenancy rights register.

5. However, the second respondent/Registrar of Tenancy Rights has not complied with the said direction. Therefore, the petitioner submitted a representation dated 15.12.2025 seeking implementation of the aforesaid

order and restoration and registration of the petitioner’s name in the

Page No. 3 of 6 tenancy rights register as per direction of the first respondent, appellate authority. The said representation has also not been considered by the second respondent. Hence, the petitioner was constrained to file the present Writ Petition.

6. The learned Special Government Pleader appearing for the

respondents would submit that once the direction of the first respondent, appellate authority, is not complied with by the second respondent, it is for the petitioner to approach the first respondent, appellate authority, instead of approaching this Court. However, the learned Special Government Pleader appearing for the respondents undertook that the petitioner’s representation dated 15.12.2025 would be considered and appropriate orders would be passed by the second respondent within a period of twelve weeks.

7. Recording the above submission and without expressing any

opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the second respondent to consider the petitioner's representation dated 05.12.2025 on merits and in accordance with and pass appropriate orders within a period of twelve weeks from the date of Page No. 4 of 6 receipt of a copy of this order. It is needless to state that before passing any order, the petitioner shall be heard. There shall be no order as to costs.

[K.SURENDER, J.] 08.01.2026 JEN Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No To 1.The Special Deputy Collector (Tenancy Rights), Appellate Authority under the Tamil Nadu Agricultural Lands Record of Tenancy Right Act, 1969, Revenue Court, Thanjavur District. 2.The Tahsildar-cum- Registrar of Tenancy Rights, Kumbakonam Taluk, Thanjavur District.

Page No. 5 of 6

K.SURENDER, J.

JEN 08.01.2026 Page No. 6 of 6

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