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Madras High CourtWP/49917/2025disposed of

M.Sardarkhan v. The District Collector

2026-01-07Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2026 CORAM :

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE M.Sardarkhan ... Petitioner Vs.

1.The District Collector, Kallakuruchi District.

2.The District Revenue Officer, Vadasemapalayam Village, Kallakurichi District.

3.The Revenue Divisional Officer, Kallakurichi District.

4.The Tahsildar, Vadasemapalayam Village, Kallakurichi District.

5.K.Meerasha ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 4th respondent to issue separate patta in favour of the petitioner and the 5th respondent based on their respective possession as determined in the survey by implementing the detailed directions issued by the District Revenue officer/2nd Respondent in proceedings vide Pa.Mu.Aa3/42041/2023 dated 22.07.2025 and also the earlier proceedings of the Revenue Divisional Page No.1 of 6

Officer/3rd respondent vide Na.Ka.A4/1546/2015 dated 04.12.2015 with respect to the subject property situated at Survey No.90/10, Vadasemapalayam Village, Kallakurichi District. For Petitioner : Ms.P.Vidhya Shree For Respondents : Mr.D.Ravichander Special Government Pleader [R1 to R4] *****

ORDER

This Writ Petition has been filed to direct the 4th respondent to issue separate patta in favour of the petitioner and the 5th respondent for the respective properties which are in their respective possession based on the directions issued by the District Revenue Officer (2nd respondent) dated 22.07.2025 and also the earlier proceedings of the Revenue Divisional Officer (3rd respondent) dated 04.12.2015, which is disclosed in the prayer to this writ petition, within a time frame to be fixed by this Court.

2. The petitioner had given a representation to the 4th respondent for the aforementioned relief on 25.08.2025. Since the said representation was not considered, the petitioner has filed this writ petition. Page No.2 of 6

3. The petitioner has also filed supporting documents along with petitioner's representation before the 4th respondent. Till date, the counter has not been filed by the respondents.

4. No prejudice would be caused to the respondents, if the petitioner's representation as stated supra is considered on merits and in accordance with law by the 4th respondent, after issuing notice to the 5th respondent as well as the petitioner and any other third party whom the 4th respondent deems fit to enquire, within a time frame to be fixed by this Court.

5. This Court is not expressing any opinion on the merits of the petitioner's representation dated 25.08.2025.

6. The petitioner has also relied upon the order of the DRO/2nd respondent dated 22.07.2025 and the earlier proceedings of the RDO/3rd respondent dated 04.12.2015, which is disclosed in the prayer to this writ petition to enable the petitioner as well as the 5th respondent to get their relief as prayed for in this writ petition.

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7. For the foregoing reasons, this Writ Petition is disposed of, by directing the 4th respondent to pass final orders on merits and in accordance with law, on the petitioner's representation, dated 25.08.2025 seeking for issuance of separate patta in the name of the petitioner and the 5th respondent based on their respective possession as determined in the survey by implementing the directions issued by the DRO/2nd respondent through his proceedings dated 22.07.2025 and also earlier proceedings of the RDO/3rd respondent dated 04.12.2015 for the property morefully described in the prayer to this writ petition, after hearing the objections, if any, from the neighbouring land owners as well as any other third party, whom the 4th respondent deems fit to enquire, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 07.01.2026 Index : Yes / No (2/4) Speaking order / Non-speaking order sp Page No.4 of 6

To 1.The District Collector, Kallakuruchi District.

2.The District Revenue Officer, Vadasemapalayam Village, Kallakurichi District.

3.The Revenue Divisional Officer, Kallakurichi District.

4.The Tahsildar, Vadasemapalayam Village, Kallakurichi District.

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ABDUL QUDDHOSE, J.

sp 07.01.2026 (2/4) Page No.6 of 6