P.Suresh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD)No.1812 of 2026 P.Suresh ... Petitioner -vs1.The District Collector, Virudhungar District, Virudhunagar.

2.The District Revenue Officer, Collectorate Buildings, Virudhunagar District, Virudhunagar.

3.The Tahsildar, Kariyapatti Taluk, Kariyapatti, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents more fully the second respondent herein to consider the petitioner's representation dated 27.01.2026 in accordance with law within the time stipulated by this Court and thereby, forbearing the respondents from in any manner interfering with the petitioner's peaceful possession and enjoyment of the petitioner's house property situated at

Door No.1/135, Old Natham S.No.202/1, New S.No.405/3, Varalotti Village, Kariyapatti Taluk, Virudhunagar District.

For Petitioner : Mr.P.Mahendran For Respondents : Mr.S.Kameswaran Government Advocate

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents, more particularly, the second respondent herein, to consider the petitioner's representation dated 27.01.2026 in accordance with law within the time stipulated by this Court and consequently, to forbear the respondents from in any manner interfering with the petitioner's peaceful possession and enjoyment of the house property situated at Door No.1/135, Old Natham S.No.202/1, New S.No.405/3, Varalotti Village, Kariyapatti Taluk,

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

3.The learned counsel for the petitioner submits that the petitioner is the absolute owner and is in peaceful possession and enjoyment of the house property situated at Door No.1/135, Old Natham S.No.202/1, New S.No.405/3, Varalotti

Village, Kariyapatti Taluk, Virudhunagar District. It is further submitted that erroneous entries were made during the UDR scheme in respect of Old Natham Survey No.202/1, corresponding to New Survey No.405/1, whereby the property was incorrectly classified as "Street," instead of its original classification as "Grama Natham.". Taking advantage of the said wrong entries, the respondents are attempting to interfere with the petitioner's lawful possession without any authority of law and without following due process. In order to protect his lawful rights, the petitioner submitted a detailed representation dated 27.01.2026 to the respondents, more particularly, to the second respondent. Despite receipt of the said representation, the respondents have not taken any action till date, which is arbitrary, illegal, and violative of principles of natural justice. The petitioner has no other efficacious alternative remedy except to approach this Court under Article 226 of the Constitution of India.

4. The learned Government Advocate appearing for the respondents submits 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. He further submits that any interference, if at all, with the

subject property shall be only in accordance with law.

5. Recording the aforesaid submissions 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 27.01.2026 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The said representation shall be considered and disposed of after conducting a proper enquiry. During such enquiry, the second respondent shall afford reasonable opportunity to the petitioner as well as to any other persons who may be affected by the decision. Needless to state that, in the event of any rival claims, the parties are at liberty to work out their remedies before the competent Civil Court. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 29.01.2026 smn2 Note:- Issue order copy on 30.01.2026 To:-

1.The District Collector, Virudhungar District, Virudhunagar.

2.The District Revenue Officer, Collectorate Buildings, Virudhunagar District, Virudhunagar.

3.The Tahsildar, Kariyapatti Taluk, Kariyapatti,

K.SURENDER , J.

smn2 29.01.2026