R.Vijayarajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER R.Vijayarajan ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Theni Taluk, Theni District.

3.The Tahsildar, Theni Taluk, Theni District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the third respondent to conduct the enquiry and to issue the patta based on the petitioner's representation dated 11.12.2025 within a stipulated time in accordance with law.

For Petitioner : Mr.M.Prabu For Respondents : Mr.S.Kameswaran Government Advocate ***** 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 third respondent to conduct an enquiry and issue patta based on the petitioner's representation dated 11.12.2025 within a stipulated time, in accordance with law.

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 land comprised in S.F.No.385, measuring an extent of 0.88 cents, situated at Alli Nagaram Village, South Zone, Jameen Bypass 597, is the petitioner's ancestral property. The patta is also standing as Patta No. 290 in favour of the petitioner's grandfather, Thirumalaikanda Kondala Ramakrishna Naicker. The petitioner is one of the legal heirs of late T.R.S.Kathirvelpandian of Kandamanoor Jamin, who died issueless. The cousin brother of the said T.R.S.Kathirvelpandian, namely Kathirvelsamy Naicker, also died.

4. On 15.03.2013, the remaining legal heirs, including the petitioner, filed S.O.P.No.2 of 2013 before the learned Subordinate Judge, Page No. 2 of 6

Theni, seeking issuance of a Succession Certificate in respect of the estate of late T.R.S.Kathirvelsamy Pandian in favour of the petitioner herein and the other petitioners in the said S.O.P.

5. The petitioner thereafter intended to transfer the patta in favour of the legal heirs in respect of the above said land in S.F. No. 385. Accordingly, on 11.12.2025, the petitioner submitted a representation to the respondents along with the necessary documents. However, the third respondent has not considered the said representation and has not taken any steps to effect the transfer of patta. The application is still pending. The third respondent has also failed to take into account G.O.Ms. No. 303 of 2016, under which the legal heirs have a direct right to obtain patta transfer (Pouthi Patta). The said legal right of the petitioner has already been substantiated by the order passed in the S.O.P. by the learned Subordinate Judge, Theni. Therefore, the petitioner has been constrained to file the present Writ Petition.

6. The learned Government Advocate appearing for the respondents, on instructions, would submit that the petitioner's representation dated 11.12.2025 would be considered and appropriate Page No. 3 of 6

orders would be passed by the third respondent within a period of twelve weeks.

7. 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 third respondent to consider the petitioner's representation dated 11.12.2025 and pass appropriate orders on its merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The representation shall be disposed of after conducting an enquiry. The third respondent is 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. In the event of any rival claims, the parties are at liberty to pursue their remedies before the competent Civil Court. There shall be no order as to costs.

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

To 1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Theni Taluk, Theni District.

3.The Tahsildar, Theni Taluk, Theni District.

Page No. 5 of 6

K.SURENDER , J.

JEN 06.02.2026 Page No. 6 of 6