Rozario Sundar Raj S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2026

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Rozario Sundar Raj ... Petitioner Vs

1. The District Collector, Madurai District, District Collectorate Office, Madurai.

2. The Thasildar, Madurai North Taluk, Madurai.

3. Town Sub-Inspector of Survey, Survey Department, Madurai North Taluk, Madurai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in O.Mu. No.1777/2025/S2 dated 02.03.2026 and quash the same and consequently direct the second respondent to sub-divide and issue separate patta to the petitioner's property situated in Madurai North Taluk, Tallakulam Village, in T.S.No.3/1 and for other relief as this Court may deem fit. 1/4

For Petitioner : Mr.N.S. Karthikeyan For Respondents : Mr.S.Shanmugavel Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order dated 02.03.2026 and consequently direct the second respondent to sub-divide and issue separate patta to the petitioner's property situated in Madurai North Taluk, Tallakulam Village, in T.S.No.3/1.

2. Through the impugned order, the respondents rejected the request stating that the land belongs to the Society and that Society properties cannot be sold without following due procedures. Hence, the respondents refused to issue patta. However, the petitioner placed a resolution passed by the Society, wherein it was stated that the Society possessed a larger extent of property, out of which some portions had already been sold. In the remaining extent of 52 cents, the petitioner purchased 10 cents of the property. Further, the respondents pointed out that the petitioner had issued a public notice stating that the original documents were lost and that an appropriate complaint had been registered in this regard. Hence, doubt was entertained by the respondents.

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3. In such circumstances, the respondents cannot straight away reject the petitioner's claim. They ought to scrutinize the claim by issuing notice to the appropriate parties. Therefore, the impugned order is quashed. The second respondent is directed to issue notice to the petitioner as well as to the Society, namely, Immaculate Conception Society, and thereafter pass appropriate orders. The said exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

4. With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

23.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes jbr 3/4

S.SRIMATHY , J.

jbr To:

1. The District Collector, Madurai District, District Collectorate Office, Madurai.

2. The Thasildar, Madurai North Taluk, Madurai.

3. Town Sub-Inspector of Survey, Survey Department, Madurai North Taluk, Madurai.

ORDER MADE IN DATED : 23.03.2026 4/4