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Madras High CourtWP(MD)/2069/2026disposed of

Karthigaivel v. The District Collector

2026-01-29Honourable Mr.Justice K. Surender5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER Karthigaivel ... Petitioner -vs1.The District Collector, Collectorate, Dindigul, Dindigul District.

2.The Revenue Divisional Officer, Palani Sub-Division, Palani, Dindigul District.

3.Krishnaammal 4.Suseela ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to initiate appropriate action as against the respondents 3 and 4 for violating the conditions of assignment in TKT patta and restore the said property as per clause 7 of the assignment by considering the petitioner's representation dated 29.09.2025 within a timeframe that may be fixed by this Court.

For Petitioner : Mr.S.C.Herold Singh For R1 and R2 : Mr.B.Ramanathan Additional Government Pleader

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the respondents 1 and 2 to take action against the respondents 3 and 4 for breach of the TKT patta assignment and restore the property as per Clause 7 of the assignment, based on the petitioner's representation dated 29.09.2025, within a time frame fixed by this Court.

2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Since no adverse orders are going to be passed against the respondents 3 and 4, notice to the respondents 3 and 4 is hereby dispensed with.

4. The learned counsel for the petitioner would submit that the petitioner and his family members are in peaceful possession and enjoyment of the property

in Survey Nos.42 and 43/2 of Veriappoor Village. The properties in Survey Nos. 462 and 463 were originally classified as Tharisu and assigned to the respondents 3 and 4 with specific terms and conditions, including that no pathways, roads, or waterbodies shall be altered. The respondents 3 and 4, in total violation of the assignment, have breached Clause 7 of the TKT patta. Therefore, the petitioner submitted a representation dated 29.09.2025 to the respondents 1 and 2, requesting appropriate action to restore the property in accordance with the assignment. Despite the same, no action has been taken, causing prejudice to the petitioner. The petitioner therefore seeks a direction to the respondents 1 and 2 to consider the representation and take necessary action against the respondents 3 and 4, including restoration of the property, within a time frame fixed by this Court.

5. The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the petitioner's representation will be considered and appropriate orders will be passed on merits and in accordance with law within a time frame to be fixed by this Court.

6. 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 consider the petitioner's representation dated 29.09.2025, and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the necessary parties, within a period of sixteen weeks from the date of receipt of a copy of this order. Needless to state that in the event of any rival claims, the parties are at liberty to work out their remedies before the Civil Court. There shall be no order as to costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 29.01.2026 smn2 To:- 1.The District Collector, Collectorate, Dindigul, Dindigul District.

2.The Revenue Divisional Officer, Palani Sub-Division, Palani, Dindigul District.

K.SURENDER , J.

smn2 29.01.2026