Saravanakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.16152 of 2025 and W.M.P(MD)Nos.12229 and 12230 of 2025 Saraavanakumar ... Petitioner .Vs.

1.The District Collector, Sivagangai District, 2.The Sub Collector/The Revenue Divisional Officer, Devakottai 3.The Tahsildar, Office of the Tahsildar, Karaikudi Taluk, Sivagangai District.

4.The Head Surveyor, Thiruvelangudi Village, Office of the Tahsildar, Karaikudi Taluk, Sivagangai District.

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6.Kavitha ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order, dted 3.1.2022 in D.R.No.2022/23/22/00115SD issued by the third respondent and quash the same and consequently direct the third respondent to make appropriate sub divisions by considering the Petitioner's representation, dated 4.6.2025 within the time stipulated by this Court.

For Petitioner : Mr.T.Antony ArulRaj For Respondents : Mr.A.Baskaran 1 to 5 Addl.Govt. Pleader For Respondent-6 : Mr.R.Ilayaraja

O R D E R

The Writ Petition is filed challenging the order passed by the third respondent issuing separate patta in favour of sixth respondent in respect of a portion of the property in S.Nos. 297/3A and 297/3B.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.According to the Petitioner, he owns 1.12 1⁄2 acres in the subject survey number. Originally, the Petitioner's father 2/6

purchased 7.76 acres of land in S.No.297/2 under registered sale deed, dated 4.1.1974. Subsequent to the death of Petitioner's father, a partition had taken place between the petitioner and his brothers on 31.1.2014. The petitioner was allotted 1.12 1⁄2 acres of land in S.No.297/3A3A and the Petitioner's brother Radhakrishnan was allotted equal extent of land in S.NO. 297/3A3B. The Petitioner's brother sold the property to the sixth respondent and he filed an application for mutation of revenue records for the said property purchased by him. Based on the application, impugned order was passed by sub-dividing the Petitioner's property and issued separate patta in the name of sixth respondent in respect of a portion of the property belong to the Petitioner without issuing notice to the Petitioner. Hence the Petitioner is before this Court with the present Writ Petition for the relief stated supra.

4.Mr.A.Baskaran, learned Additional Government Pleader who appears for the respondents 1 to 5, on instructions from the respondents, would submit that before passing the impugned order and issuance of separate patta in the name of the sixth respondent, the Petitioner has not been heard. 5.In view of the said submission made by the learned 3/6

Additional Government Pleader appearing for the respondents 1 to 5, that the order has been passed without hearing the Petitioner, the same is liable to be set aside.

6.Accordingly, the Writ Petition is allowed by setting aside the impugned order, dated 3.1.2025 and the matter is remitted back to the file of the third respondent with a direction to pass fresh orders after affording reasonable opportunity to the Petitioner and sixth respondent with a period of 12 weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petitions are closed. 19.08.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Sivagangai District, 2.The Sub Collector/The Revenue Divisional Officer, 4/6

Devakottai 3.The Tahsildar, Office of the Tahsildar, Karaikudi Taluk, Sivagangai District.

4.The Head Surveyor, Thiruvelangudi Village, Office of the Tahsildar, Karaikudi Taluk, Sivagangai District.

S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.16152 of 2025 and 5/6

W.M.P(MD)Nos.12229 and 12230 of 2025 19.08.2025 6/6