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Madras High CourtWP/22163/2026dismissed

K.Leediyal Aruputhamani v. The Secretary

2026-06-15Honourable Mr Justice Krishnan Ramasamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY K.Leediyal Aruputhamani W/o.Jayakumar 29 1st Cross Street Modern City Pattabiram Chennai 600072.

..Petitioner(s) Vs

1. The Secretary Revenue and Disaster Management Secretariat Fort St. George Chennai 600009.

2. The District Collector Villupuram District Villupuram 605602.

3. The Sub Collector Tindivanam Taluk Villupuram District 604001.

4. The Tahsildar Tindivanam Taluk Villupuram District 604001.

..Respondent(s) Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent consider the petitioners representation dated 06.05.2026 and dispose of the petitioners Application under No. 2025/ N105/07/ 678757 dated 05.11.2025

For Petitioner(s):

P.Krishnamurthy N.MANI For Respondent(s):

Ms.Inthu Karunakaran, Govt's Cl.

ORDER

This writ petition has been filed to direct the respondents to consider the petitioner's representation dated 06.05.2026.

2. Ms.Inthu Karunakaran, learned Government's counsel, takes notice on behalf of the respondents.

3. By consent of the parties, the main petition is taken up for disposal in the stage of admission itself.

4. The learned counsel for the petitioner would submit that in this case, the subject property was ancestral property of one Kanniyappan-petitioner's father. Initially, the sister of said Kanniyappan had filed a suit for partition in OS.No.80 of 2014. After the demise of Kanniyappan, the said suit was dismissed as abated vide judgement and decree dated 24.10.2017. Thereafter, the petitioner, who is one of the legal heirs of Kanniyappan, had filed a representation before the respondents for issuance of patta in his favour.

However, the said representation was not at all considered by the respondent till date. Hence, this petition.

5. In reply the learned Government's counsel for the respondents would submit that though the suit filed against the petitioner's father was initially dismissed as abated, subsequently, it was restored and now, the said suit is pending before the Additional Sub-Court, Tindivanam. In such case, unless and otherwise any preliminary and final decree is passed in the said suit, the question of sub-division will not at all arise. Hence, he requests this Court to pass appropriate orders.

6. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

7. In the case on hand, the petitioner had filed a representation before the respondents for sub-division of subject property and for issuance of patta in favour of the petitioner. However, according to the respondents, a suit is pending with regard to the title of the subject property and hence, unless and otherwise any preliminary and final decree is passed in the said suit, the question of sub-division will not at all arise.

8. As rightly contended by the respondent, during the pendency of above suit for partition, no order can be passed for sub-division of the subject property and issuance of patta in favour of the petitioner.

9. In view of the above, this Court finds force in the submission made by the respondent and hence, this writ petition is liable to be dismissed. Accordingly, this Writ petition is dismissed. No cost. 15-06-2026 Index: Yes/No Speaking/Non-speaking order nsa To

1. The Secretary Revenue and Disaster Management Secretariat Fort St. George Chennai 600009.

2. The District Collector Villupuram District Villupuram 605602.

3. The Sub Collector Tindivanam Taluk Villupuram District 604001.

4. The Tahsildar Tindivanam Taluk Villupuram District 604001.

KRISHNAN RAMASAMY J.

nsa 15-06-2026