T.Balasubramaniam v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP (MD) Nos.10625, 10629 & 10636 of 2025 T.Balasubramaniam ... Petitioner Vs.

1. The District Revenue Officer, Kanyakumari District, District Collectorate Office, Kanyakumari District, At Nagarcoil.

2. The Revenue Divisional Officer, Nagercoil, Kanyakumari District.

3. The Tahsildar, Agasteeswaram Taluk, Kanyakumari District.

4. S.Rajendran ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 02.04.2025, issued by the 1/5

1st Respondent in his proceedings in (M4)/E-2744951/2024 and quash the same consequently direct the 3rd Respondent to cancel the SubDivision and Patta issued by the 3rd Respondent dated 08.04.2025 in Survey No.1202/13A and 1202/13B, of Rajakkamangalam Village, Agasteeswaram Taluk, Kanyakumari District and restore the SubDivision as 1202/13. For Petitioner :Mr.V.Sasi Kumar For Respondents :Mr.P.Thambidurai Government Advocate for R1 to R3 Mr.M.Mahaboob Fazil for M/s.Roy and Roy Associates for R4

O R D E R

The fourth respondent had filed a revision petition before the District Revenue Officer and such revision petition was allowed. On the ground that the petitioner was not heard before the order was issued, the present writ petition has been filed.

2. Both learned Government Advocate and learned counsel for the fourth respondent submit that the District Revenue Officer has called for an inquiry upon a representation being made by the petitioner to the District Collector. Therefore, they submit that the matter would be reconsidered by the first respondent after issuing notice to the petitioner 2/5

and the fourth respondent.

3. Given the fact that the impugned order was issued without issuing notice and providing a reasonable opportunity to the petitioner, the said order cannot be sustained. Consequently, the impugned order is set aside and the matter is remanded to the first respondent. On account of the first respondent having already issued notice to the two rival claimants, the first respondent is directed to consider and dispose of the matter on merits within four weeks from the date of receipt of a copy of this order. Patta mutations made earlier shall abide by the outcome of the remanded proceedings.

4. This writ petition is allowed on these terms. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

25.09.2025 NCC :No Internet :Yes Index :No PKN 3/5

To

1. The District Revenue Officer,, Kanyakumari District, District Collectorate Office, Kanyakumari District, At Nagarcoil.

2. The Revenue Divisional Officer, Nagercoil, Kanyakumari District.

3. The Tahsildar, Agasteeswaram Taluk, Kanyakumari District.

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SENTHILKUMAR RAMAMOORTHY, J.

PKN 25.09.2025 5/5