M.Muthusamy v. The Revenue Divisional Officer

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 11.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.SURENDER W.P.(MD)No.3840 of 2026 and W.M.P.(MD).No.3156 of 2026 1.M.Muthusamy 2.M.Tamilmani 3.M.Sivakumar 4.M.Manickam 5.M.Duraisamy 6.P.Rajendran ... Petitioners Vs 1.The Revenue Divisional Officer, Musiri, Trichy District.

2.The Tahsildar, Taluk Office, Thuraihyur Taluk, Trichy District.

3.The Village Administrative Officer, Thenparanadu Village, Thuraiyur Taluk, Trichy District.

4.Pichaimuthu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to cancel the computer Patta No.567 issued by the second respondent by 1/6

considering the application No.A1/423/2026 and consequently, direct the respondents 1 and 2 to peruse the village records and enquire the interested parties in detail to issue Fresh patta by including the petitioners' names.

For Petitioner : Mr.N.Mohan For Respondents : Mr.D.Sadiq Raja (for R1 to R3) Additional Government Pleader

O R D E R

This Writ Petition is filed directing the first respondent to cancel the computer Patta No.567 issued by the second respondent by considering the application No.A1/423/2026 and consequently, direct the respondents 1 and 2 to peruse the village records and enquire the interested parties in detail to issue Fresh patta by including the petitioners' names.

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 fourth respondent, notice to the fourth respondent is hereby dispensed with.

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4. The grievance of the petitioners is that under the garb of the survey, he may be evicted from the property. Hence, the petitioner filed an application No.A1/423/2026 requesting to conduct an enquiry with regard to the possession and to cancel the computer patta in favour of the private respondents, but no action has been taken by the official respondents. Hence, the petitioner has been constrained to approach this Court by way of filing the present Writ Petition.

5. The learned Additional Government Pleader appearing for the respondents submits that the petitioner's application will be considered and appropriate orders will be passed on merits and in accordance with law.

6. Recording the aforesaid submission, this Court is of the considered view that any eviction can only be carried out by due process of law. Accordingly, the second respondent is directed to consider the petitioner's application No.A1/423/2026, if the petitioners are in possession of the property and to pass appropriate orders on merits and in accordance with law within a period of fourteen (14) weeks from the date 3/6

of receipt of a copy of this order. The application shall be considered and disposed of after conducting an enquiry. The second respondent is directed to provide reasonable opportunity during such enquiry to the petitioners and also to the private respondent, who may be affected by such decision. In the event of any rival claims, the parties are at liberty to work out their remedies before the Civil Court.

7. With the above directions, this writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected writ miscellaneous petition is closed. (K.SURENDER, J.) 11.02.2026 vsg Index: Yes/No Internet: Yes/No 4/6

To 1.The Revenue Divisional Officer, Musiri, Trichy District.

2.The Tahsildar, Taluk Office, Thuraihyur Taluk, Trichy District.

3.The Village Administrative Officer, Thenparanadu Village, Thuraiyur Taluk, Trichy District.

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K.SURENDER, J.

vsg W.P (MD) No.3840 of 2026 11.02.2026 6/6