Thirupathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER Thirupathi ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Office of the Collectorate Buildings, Sivagangai District, Sivagangai.

3.The Tahsildar, Tirupathur Taluk Office, Tirupathur, Sivagangai District.

4.Palani alias Sinnu 5.Veera Sinnamani ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the second respondent herein to consider and dispose petitioner's representation dated 16.05.2022 in connection with his proceedings in Page No. 1 of 6

Na.Ka.No.P4-15187-2022 in respect of the property comprised in Old.S.No.273/9B, R.S.No 273/22, situated at A.Vadakkur, A.Thekkur Post, Tirupathur Taluk, Sivagangai District after giving adequate opportunity to the fourth and fifth respondents. For Petitioner : Mr.P.Mahendran For R1 to R3 : Mr.P.Subbaraj Special Government Pleader *****

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second respondent herein to consider and dispose of the petitioner's representation dated 16.05.2022 in connection with the proceedings in Na.Ka.No.P4-15187-2022, in respect of the property comprised in Old Survey No.273/9B and R.S. No.273/22, situated at A. Vadakkur, A. Thekkur Post, Tirupathur Taluk, Sivagangai District, after affording adequate opportunity of hearing to the fourth and fifth respondents.

2. With the consent of the learned counsel for the petitioner and the learned Special Government Pleader appearing for the first to third respondents, this Writ Petition is taken up for final disposal at the Page No. 2 of 6

admission stage itself, dispensing with notice to the fourth and fifth respondents, as no adverse orders are proposed to be passed against them.

3. The case of the petitioner is that the land comprised in Old Survey No.273/9B and R.S.No.273/22, measuring an extent of 7 cents, originally belonged to one Fathima Bivi. Out of the said extent of 7 cents, the petitioner's grandfather purchased 31⁄2 cents on 22.11.1957. From that date onwards, the petitioner's family members have been in continuous possession and enjoyment of the same.

4. During the UDR period, patta in respect of the land purchased by the petitioner's grandfather was wrongly granted in the name of one Angappan, who is none other than the father of the fourth respondent and the grandfather of the fifth respondent. For rectification of the said mistake, the petitioner approached the second respondent. However, the second respondent, vide proceedings dated 14.12.2021, rejected the petitioner's request on the ground that a suit in O.S. No.101 of 2011 on the file of the learned District Munsif Court, Tirupathur, filed by one Subramanian, was pending, in which the petitioner was not a party. Page No. 3 of 6

5. The said suit came to be dismissed on 25.03.2022. Thereafter, the petitioner once again submitted a representation dated 16.05.2022 seeking rectification of the erroneous entry made in the UDR patta. Though the second respondent issued enquiry notices dated 05.10.2023 and 28.11.2023 to the petitioner as well as to the private respondents, pursuant to which the petitioner appeared for enquiry and submitted his statement along with necessary documents, the second respondent has not passed any orders on the said representation till date. Therefore, the petitioner was constrained to file the present Writ Petition.

6. The learned Special Government Pleader appearing for the first to third respondents would submit that enquiry would be completed and appropriate orders would be passed by the second respondent on the petitioner's representation dated 16.05.2022 within a period of eight 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 complete the enquiry and dispose of the petitioner's representation dated 16.05.2022 on its merits and in Page No. 4 of 6

accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The second respondent is also directed to provide a reasonable opportunity during such enquiry to the petitioner, the private respondents and any other interested parties who may be affected by the decision. In the event of any rival claims, the parties are at liberty to pursue their remedies before the Civil Court. There shall be no order as to costs.

[K.SURENDER, J.] 08.01.2026 JEN Index : Yes / No Internet : Yes / No To 1.The District Collector, Office of the District Collector, Sivagangai District, Sivagangai.

2.The District Revenue Officer, Office of the Collectorate Buildings, Sivagangai District, Sivagangai.

3.The Tahsildar, Tirupathur Taluk Office, Tirupathur, Sivagangai District.

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K.SURENDER , J.

JEN 08.01.2026 Page No. 6 of 6