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Madras High CourtWP(MD)/3809/2026disposed of

Iruthayaraj v. The District Collector

2026-02-11Honourable Mr.Justice K. Surender5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER Iruthayaraj ... Petitioner Vs.

1.The District Collector, Thoothukudi, Thoothukudi District.

2.The District Revenue Officer, Thoothukudi, Thoothukudi District.

3.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

4.The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

5.Pandian ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the third and fourth respondents to cancel the patta in Patta No.748 for the lands in S.No. 103/3B at Periyasamypuram, Vilathikulam Taluk, Thoothukudi District in favour of the fifth respondent in light of the communication proceedings Page No. 1 of 5

made by the third respondent to fourth respondent in O.Mu.A2/6163/2025 dated 08.08.2025 within stipulated time framed by this Court. For Petitioner : Mr.K.Dinesh For R1 to R4 : Mr.N.Ramesh Arumugam Government Advocate *****

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the third and fourth respondents to cancel the patta bearing Patta No.748 in respect of the land comprised in S.No.103/3B at Periyasamypuram, Vilathikulam Taluk, Thoothukudi District, standing in the name of the fifth respondent, in the light of the proceedings of the third respondent in O.Mu.A2/6163/2025 dated 08.08.2025 addressed to the fourth respondent, within the time stipulated by this Court.

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 the fifth respondent, as no adverse orders are proposed to be passed against him.

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3. The grievance of the petitioner is that the fifth respondent, having purchased the subject property despite knowledge of the pending civil proceedings between the petitioner's family and the vendors, obtained patta illegally from the fourth respondent by subdividing the property. Therefore, the petitioner made a representation to the third respondent, who, by communication dated 08.08.2025, directed the fourth respondent to submit a report in this regard. However, no further action has been taken. Based on the erroneous patta, the fifth respondent has been continuously interfering with the peaceful possession of the petitioner. Hence, the petitioner has been constrained to file the present Writ Petition.

4. The learned Government Advocate appearing for the first to fourth respondents, on instructions, would submit that the enquiry would be concluded and appropriate orders would be passed within a period of twelve weeks.

5. Recording the above submissions 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 conclude the enquiry and dispose of Page No. 3 of 5

the petitioner's representation in O.Mu.A2/6163/2025 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 third respondent shall afford a reasonable opportunity of hearing to the petitioner, the fifth respondent and all other interested parties before passing 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.] 11.02.2026 JEN Index : Yes / No To 1.The District Collector, Thoothukudi, Thoothukudi District.

2.The District Revenue Officer, Thoothukudi, Thoothukudi District.

3.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

4.The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

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K.SURENDER , J.

JEN 11.02.2026 Page No. 5 of 5