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Madras High CourtWP(MD)/1949/2026disposed of

S.Vellaisamy v. The District Collector

2026-01-28Honourable Mr.Justice K. Surender6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER S.Vellaisamy ... Petitioner Vs.

1.The District Collector, District Collector Office, 2.The District Revenue Officer, District Collector Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, 4.The Tahsildar, Tahsildar East Taluk Office, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondents to cancel the patta in Survey Nos.375/2 and 709/1 relating to petitioner's landed property situated at Periyakottai Village, Dindigul District by considering petitioner's representation dated 12.12.2025. Page No. 1 of 6

For Petitioner : Mr.S.Harish For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 12.12.2025 and to cancel the patta relating to the petitioner's landed property comprised in Survey Nos. 375/2 and 709/1, situated at Periyakottai Village, Dindigul District.

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

3. The grievance of the petitioner is that without the knowledge of the petitioner, the revenue officials have wrongly and unlawfully issued a separate patta in favour of a third party, who claims to have purchased the landed property from one Mariammal. The said Mariammal and the eldest son of Kasthuri Rengasamy jointly purchased the property measuring an extent of 5 Acres and 73 Cents, out of which 2 Acres and 861⁄2 Cents was purchased by the petitioner's vendor. Out of the said extent of 2 Acres and Page No. 2 of 6

861⁄2 Cents, the petitioner purchased 2 Acres and 10 Cents. The property continued to remain joint and undivided. While the petitioner was issued patta in his name, the name of the said Mariammal was subsequently included by way of issuing a joint patta, based on her application, claiming that she had a 1⁄2 share in the original property. However, a separate patta was later issued without the consent of the other pattadars, which is illegal. The petitioner submitted several representations, including the representation dated 12.12.2025, seeking cancellation of the said patta. However, no action has been taken on the petitioner's representation. Therefore, the petitioner has been constrained to file the present Writ Petition.

4. The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that the petitioner's representation dated 12.12.2025 would be considered and appropriate orders would be passed within a period of sixteen weeks.

5. 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 respondents to consider the petitioner's representation Page No. 3 of 6

dated 12.12.2025 and pass appropriate orders on its merits and in accordance with law within a period of sixteen weeks from the date of receipt of a copy of this order. The representation shall be disposed of after conducting an enquiry. The respondents are also directed to provide a reasonable opportunity of hearing to the petitioner and any other interested parties who may be affected by such decision, before passing any order. All the rival claims regarding the property shall be subject to the jurisdiction of the Civil Court. There shall be no order as to costs. [K.SURENDER, J.] 28.01.2026 JEN Index : Yes / No To 1.The District Collector, District Collector Office, 2.The District Revenue Officer, District Collector Office, 3.The Revenue Divisional Officer, Revenue Divisional Office, Page No. 4 of 6

4.The Tahsildar, Tahsildar East Taluk Office, Page No. 5 of 6

K.SURENDER , J.

JEN 28.01.2026 Page No. 6 of 6