R.Eswara Prasath v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER R.Eswara Prasath ... Petitioner Vs.

1.The District Collector, Ramanathapuram District.

2.The Revenue Divisional Officer, Ramanathapuram Division, Ramanathapuram District.

3.The Tahsildar, Ramanathapuram, Ramanathapuram 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 dispose of the petitioner's petition in Na.Ka.No.A6/8806/2025 dated 26.09.2025 for issuance of the patta for the property in S.No.261/2A, in Pattinamkaathan Group, Ramanathapuram Taluka Ramanathapuram District within a time stipulated by this Court. For Petitioner : Mr.B.Mahendrarajan For Respondents : Mr.B.Ramanathan Additional Government Pleader Page No. 1 of 6

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second respondent to consider and dispose of the petitioner's petition in Na.Ka.No.A6/8806/2025 dated 26.09.2025, on merits and in accordance with law, within a stipulated time.

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 the property comprised in Survey No.261/2, situated at Pattinamkaathan Taluk Group, Ramanathapuram Taluk, Ramanathapuram District, originally belonged to one Kuppusamy Servai and Sivasamy, who had been in possession and enjoyment of the property from time immemorial.

4. After their demise, a joint patta came to be issued in the names of Sivasamy's son, Thiyagarajan and the three sons of Kuppusamy, namely Mahendran, Sathyendran and Rajendran, who had been in exclusive possession and enjoyment of the property. The petitioner, being one of the Page No. 2 of 6

legal heirs and successors in interest, has been continuing in possession and enjoyment of the said property without any interference.

5. While so, on 10.09.2025, the petitioner approached the concerned Village Administrative Officer seeking issuance/transfer of patta in his favour. However, it came to the knowledge of the petitioner that the said property was transferred in favour of a third party without obtaining the signatures or consent of the legal heirs of Kuppusamy, and the patta was also not standing in the name of the petitioner's predecessor.

6. Thereafter, the petitioner approached the second respondent / Revenue Divisional Officer and submitted an application seeking declaration of the said transfer as null and void and for restoration of the joint patta in respect of the property comprised in Survey No.261/2A. The said application was taken on file in Na.Ka.No.A6/8806/2025.

7. The said petition has been pending for more than four months without any progress. The petitioner apprehends that the alleged patta holder may further encumber or alienate the property on the strength of the impugned and fraudulent patta.

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8. The learned Additional Government Pleader appearing for the respondents, on instructions, submitted that the enquiry in respect of the petitioner's petition in Na.Ka.No.A6/8806/2025 would be completed and appropriate orders would be passed by the second respondent within a period of sixteen weeks.

9. 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 in Na.Ka.No.A6/8806/2025 and pass appropriate orders on merits and in accordance with law within a period of sixteen weeks from the date of receipt of a copy of this order. The second respondent shall afford a reasonable opportunity of hearing to the petitioner and all other interested parties before passing such orders. In the event of any rival claims, the parties are at liberty to work out their remedies before the competent Civil Court. No costs.

[K.SURENDER, J.] 06.02.2026 JEN Index : Yes / No Page No. 4 of 6

To 1.The District Collector, Ramanathapuram District.

2.The Revenue Divisional Officer, Ramanathapuram Division, Ramanathapuram District.

3.The Tahsildar, Ramanathapuram, Ramanathapuram District.

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K.SURENDER , J.

JEN 06.02.2026 Page No. 6 of 6