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Madras High CourtWP(MD)/8956/2025disposed of

L.Chidambaram v. The District Revenue Officer

2025-11-17Honourable Mr Justice Senthilkumar Ramamoorthy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No. 8956 of 2025 L.Chidambaram ... Petitioner Vs

1. The District Revenue Officer, Sivagangai District, Sivagangai.

2. Assistant Director, Survey and Land Records Department, Sivagangai District, Sivagangai.

3. The Tahsildar, Devakottai Taluk, Sivagangai District.

4. The Taluk Head Surveyor, Devakottai Taluk Office, Ramnagar, Devakottai, Sivagangai District.

5. The Revenue Divisional Officer, Devakottai, Sivagangai District.

(R5 is suo motu impleaded as the 5th respondent vide court order dated 17.11.2025 dated WP(MD)No.8956 of 2025 ... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to proceedings in Na.Ka.Aa2/2703/2024 dated 29.08.2024 on the file of the 2nd respondent and directing the 4th respondent measure the entire land in T.S.No.4/1, 4/2 and 4/3 situated at Devakottai Town, Ward A, Block 15, Sivagangai District and to submit a report dividing the said lands into three equal portions.

For Petitioner : Mr.V.Kannan For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

An order dated 29.08.2024 of the second respondent is challenged in this writ petition.

2. Learned counsel for the petitioner submits that O.S.No.97/1952 was filed before the learned Subordinate Judge, Devakottai seeking partition and claiming 1/3 share in the suit properties. Receiver was appointed in the said suit and such receiver has divided the property into 3 equal shares of 6.52 3/4 acres each and filed a report dated 10.12.1959 in that regard. Therefore, learned counsel submits that the impugned rejection order cannot be sustained and that all that was required to be done was to act in compliance with the decree of the Civil Court.

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3. Learned Special Government Pleader appears on behalf of all the respondents. He points out that the second respondent merely stated that he does not have the authority to carry out the rectification requested for by the petitioner and that the petitioner should approach the Revenue Divisional Officer or the District Revenue Officer.

4. On perusal of the order impugned herein, it is clear that the request of the petitioner was not rejected on merits. Instead, the petitioner was called upon to approach the authorities vested with the jurisdiction to carry out the rectification requested for by the petitioner.

5. Because such jurisdiction is vested in the Revenue Divisional Officer and he is not a party to this writ petition at present, the Revenue Divisional Officer, Devakottai, Sivagangai District, is suo motu included as the 5th respondent herein. The order shall be issued after carrying out the corrections in the writ petition.

6. Considering the facts and circumstances, this writ petition is disposed of on the following terms:- 3/6

a) The petitioner is permitted to submit a representation to the Revenue Divisional Officer seeking division of the land in T.S.Nos.4/1, 4/2 and 4/3 at Devakottai Town into 3 equal portions. Such representation shall be submitted within two weeks from the date of receipt of a copy of this order; and b) Within three months from the date of receipt thereof, the Revenue Divisional Officer is directed to consider and dispose of the request on merits after providing a reasonable opportunity to the petitioner and any other person who would be affected by such order. No costs. NCC : Yes/No 17.11.2025 Index : Yes / No Internet : Yes / No RJR 4/6

To

1. The District Revenue Officer, Sivagangai District, Sivagangai.

2. The Assistant Director, Survey and Land Records Department, Sivagangai District, Sivagangai.

3. The Tahsildar, Devakottai Taluk, Sivagangai District.

4. The Taluk Head Surveyor, Devakottai Taluk Office, Ramnagar, Devakottai, Sivagangai District.

5. The Revenue Divisional Officer, Devakottai, Sivagangai District.

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SENTHILKUMAR RAMAMOORTHY, J.

RJR W.P(MD)No.8956 of 2025 17.11.2025 6/6