T.Sivaraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER T.Sivaraj ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

3.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

4.The Surveyor, Radhapuram Taluk, Tirunelveli District.

5.Suyaraj 6.Ramaraj 7.Ragupathy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the second to fourth Page No. 1 of 6

respondents herein to cancel the Patta Nos.1844 and 1843 in favour of the fifth and seventh respondents and to rectify the measurement in the FMB sketch pertaining S.No.231/1S at Chettikulam Village, Radhapuram Taluk, Tirunelveli District with respect to 13.58 cents as per the Patta Nos.703 and 813 by considering the petitioner's representations dated 27.01.2025 and 01.12.2025.

For Petitioner : M/s.N.Gayathri For R1 to R4 : Mr.B.Ramanathan Additional Government Pleader *****

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second to fourth respondents to cancel Patta Nos. 1844 and 1843 standing in the names of the fifth and seventh respondents and to rectify the measurements in the FMB sketch pertaining to Survey No.231/1S at Chettikulam Village, Radhapuram Taluk, Tirunelveli District, with respect to an extent of 13.58 cents, in accordance with Patta Nos.703 and 813, by considering the petitioner's representations dated 27.01.2025 and 01.12.2025.

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2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself, dispensing with the notice to fifth to seventh respondents, as no adverse orders are proposed to be passed against them.

3. The grievance of the petitioner is that the subject property is an ancestral house property comprised in Survey No.231/1S. The petitioner and the private respondents are brothers. During his lifetime, the petitioner's father executed Settlement Deeds in their favour in respect of the said property and they are in possession and enjoyment of the same. However, the said Survey Number was subdivided and separate pattas were issued in the names of the fifth and seventh respondents. After such subdivision, the measurements in the FMB sketch were found to be less than those found in the original patta and title documents. Therefore, the petitioner submitted a representation dated 27.01.2025 to the second respondent seeking cancellation of the pattas issued in the names of the fifth and seventh respondents and rectification of the measurements in the FMB sketch. As no action was taken, the petitioner submitted another representation dated 01.12.2025. Even thereafter, no action has been Page No. 3 of 6

taken. Hence, the petitioner has been constrained to file the present Writ Petition.

4. The learned Additional Government Pleader appearing for the first to fourth respondents, on instructions, would submit that the petitioner's representations dated 27.01.2025 and 01.12.2025 would be considered and appropriate orders would be passed by the second respondent within a period of eight 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 second respondent, Revenue Divisional Officer, to consider the petitioner's representations dated 27.01.2025 and 01.12.2025 and pass appropriate orders on its merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The representations shall be disposed of after conducting an enquiry. The second respondent is also directed to provide a reasonable opportunity of hearing to the petitioner, the private respondents and any other interested parties who may be affected by such decision, before passing any order. In the event of any rival claims, the parties are at Page No. 4 of 6

liberty to work out their remedies before the competent Civil Court. There shall be no order as to costs.

[K.SURENDER, J.] 13.02.2026 JEN Index : Yes / No To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

3.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

4.The Surveyor, Radhapuram Taluk, Tirunelveli District.

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K.SURENDER , J.

JEN 13.02.2026 Page No. 6 of 6