Karnan R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER R.Karnan ... Petitioner -vs1.The District Collector, Theni District.

2.The Tahsildar, Bodinayakkanur Taluk, Theni District.

3.The Sub Inspector of Survey, Cumbum Circle, Uthamapalayam Taluk.

4.The Inspector of Police, Gudalur Taluk Police Station, Gudalur, Theni District.

5.Muthu Rajendran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to make subdivision of the land belongs to the petitioner measuring 2 Acre 90 Cents in the lands measuring 1.52.00 Hectares in S.No.2065/2A and measuring 0.88.50 Hectares in

S.No.2065/2C in Mela Gudalur (South) Village, Uthamapalayam Taluk, Theni District, as per his sale deed dated 02.05.2005 Doc.No.1596/2005 with the help of the fourth respondent and to issue a patta to the same to him. For Petitioner : Mr.S.Saravana Kumar For R1 to R3 : Mr.P.Subbaraj Special Government Pleader For R4 : Mr.S.Prakash Government Advocate (Criminal side) For R5 : Mr.Vasik Ali

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents 2 and 3 to subdivide the land belonging to the petitioner, measuring 2 Acres 90 Cents, comprised in Survey Nos.2065/2A (1.52.00 Hectares) and 2065/2C (0.88.50 Hectares) in Mela Gudalur (South) Village, Uthamapalayam Taluk, Theni District, as per the petitioner's sale deed dated 02.05.2005 (Doc.No.1596/2005), with the assistance of the fourth respondent, and to issue Patta in his favour for the same.

2. Heard the learned counsel appearing for the parties.

3. Today, when the Writ Petition was taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 to 3 submitted that in respect of the dispute between the parties, a civil suit had been filed, which was subsequently withdrawn.

4. Recording the above submission, and in view of the withdrawal of the suit, the second respondent is directed to conduct an enquiry, conclude the same, and pass appropriate orders on merits and in accordance with law, specifically in accordance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923. The second respondent is further directed to afford a reasonable opportunity of being heard to the petitioner as well as to the other persons, who may be affected by such decision. There shall be no order as to costs.

NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 03.12.2025 smn2

To:- 1.The District Collector, Theni District.

2.The Tahsildar, Bodinayakkanur Taluk, Theni District.

3.The Sub Inspector of Survey, Cumbum Circle, Uthamapalayam Taluk.

4.The Inspector of Police, Gudalur Taluk Police Station, Gudalur, Theni District.

K.SURENDER , J.

smn2 03.12.2025