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Madras High CourtWP(MD)/5320/2026disposed of

Mathiyazhagan v. The District Collector

2026-02-27Honourable Mr.Justice K. Surender6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2026

CORAM

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

1.The District Collector, Thoothukudi, Thoothukudi District.

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

3.The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

4.Sebastian 5.Rayappa Nadar 6.Sesaiya Nadar 7.Vijayandiappan 8.Narayanavadivu 9.Prema Anandanpaal Page No. 1 of 6

10.Pavulselvam 11.Sivaperuman ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the second respondent to pass order on the proceeding bearing No.Na.Ka.A2/12258/2023 pending on the file of the second respondent seeking for rectification of erroneous sub division with respect to the property comprised in Survey No.289/1, measuring 1 Acre and 25 cents situated at Vembar Village, Vilathikulam Taluk, Thoothukudi District within a time frame fixed by this Court. For Petitioner : Mr.R.J.Karthick For R1 to R3 : Mr.P.Subbaraj Special Government Pleader *****

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second respondent to pass orders on the proceedings bearing No.Na.Ka.A2/12258/2023 pending on the file of the second respondent, seeking rectification of the erroneous sub-division with respect to the property comprised in Survey No.289/1, measuring an extent of 1 acre and 25 cents, situated at Vembar Village, Vilathikulam Taluk, Thoothukudi District, within a time frame to be fixed by this Court. Page No. 2 of 6

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 private respondents as no adverse orders are proposed to be passed against them.

3. The grievance of the petitioner is that the property in question belongs to him and that he inherited the same from his mother by way of succession. The petitioner submitted a representation to the third respondent seeking issuance of a separate patta in his name. On 24.06.2023, a joint patta was issued in favour of the petitioner by subdivision of Survey No.289/1 into Survey No.289/1A3. Therefore, the petitioner submitted a further representation dated 27.06.2023 to the third respondent seeking issuance of a separate patta. During the proceedings, it came to light that certain errors had occurred during the above subdivision and the petitioner was directed to approach the second respondent for rectification of the same. Accordingly, the petitioner submitted a petition dated 09.10.2023 to the first respondent on the grievance day. Subsequently, the second respondent, vide proceedings in Na.Ka.A2/12258/2023 dated 12.10.2023, directed the petitioner to appear Page No. 3 of 6

for an enquiry on 19.10.2023. The petitioner appeared and submitted all the relevant documents. Thereafter, vide proceedings dated 12.12.2023, the second respondent directed the third respondent to submit a report upon scrutiny of the relevant documents. However, till date, no further action has been taken. Therefore, the petitioner has been constrained to file the present Writ Petition.

4. The learned Special Government Pleader appearing for the first to third respondents, on instructions, would submit that the petitioner's petition in Na.Ka.A2/12258/2023 would be disposed of by the second respondent within a period of twelve 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 to conclude the enquiry and dispose of the petitioner's petition in Na.Ka.A2/12258/2023 on its merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. It is needless to state that the second respondent shall provide a reasonable opportunity of hearing to the petitioner, the private respondents and any other interested parties who Page No. 4 of 6

may be affected by such decision, before passing any order. There shall be no order as to costs.

[K.SURENDER, J.] 27.02.2026 JEN Index : Yes / No To 1.The District Collector, Thoothukudi, Thoothukudi District.

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

3.The Tahsildar, Vilathikulam Taluk, Thoothukudi District.

Page No. 5 of 6

K.SURENDER , J.

JEN 27.02.2026 Page No. 6 of 6