M. Rajitha v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2026
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY M. Rajitha ... Petitioner Vs
1. The Revenue Divisional Officer, O/o. Revenue Divisional Office, Tirunelveli District.
2. The Tahsildar, O/o. the Tahsildar Office, Palayamkottai, Tirunelveli District.
3. The Firka Surveyor, Taluk Office, Palayamkottai, Tirunelveli District.
... 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 relating to the impugned rejection dated 10.05.2026 communicated by the 2nd respondent in respect of the fresh patta transfer application bearing No.2026/0105/29/005511 and quash the same and consequently direct the the respondents to grant sub-division of the petitioner's land in Survey No.635/3A, Tharuvai Village, Palayamkottai Taluk, Tirunelveli District, and to issue separate patta in the name of the petitioner forthwith. 1/5
For Petitioner : Mr.Maheswaran.R For R-1 to R-3 : Mr.S.Siva Thilakar Counsel for State of Tamil Nadu
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned rejection dated 10.05.2026 communicated by the 2nd respondent in respect of the fresh patta transfer application bearing No.2026/0105/29/005511 and quash the same and consequently direct the the respondents to grant sub-division of the petitioner's land in Survey No.635/3A, Tharuvai Village, Palayamkottai Taluk, Tirunelveli District, and to issue separate patta in the name of the petitioner forthwith,
2. The petitioner is claiming that the land comprised in Survey No.635/3A has a total extent of 4.05 acres, out of which the petitioner purchased an extent of 16 cents through sale deed dated 05.06.2020, vide Document No.2271 of 2020. Thereafter, Joint Patta No.1895 was issued. Now, the petitioner is seeking issuance of an individual patta. However, through the impugned order, the second 2/5
respondent rejected the request stating that there is a discrepancy in the sale deed and the extent of the property. The contention of the petitioner is that when the larger extent is available and the petitioner has purchased only 16 cents, then there cannot be any discrepancy.
3. The learned Counsel for the State of Tamil Nadu on written instructions submitted that a third party is in possession of the property and that the property has already been fenced. Therefore, patta cannot be issued. However, the petitioner is seeking to transfer of patta based on the sale deed.
4. In view of the above, this Court is of the opinion that, if there was any discrepancy, the respondent ought to have issued notice to the petitioner, afforded an opportunity of personal hearing, and thereafter passed appropriate orders. Therefore, there is a clear violation of principles of natural justice. Accordingly, the impugned order is quashed. The official respondents are directed to issue notice to the petitioner as well as the rival claimants, conduct an enquiry after affording them an opportunity of personal hearing, and thereafter pass appropriate orders in accordance with law. In case if there is a title dispute between the parties, they are at liberty to approach the competent Civil Court for appropriate relief.
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5. With the above directions, this Writ Petition is allowed. There shall be no order as to costs.
19.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:
1. The Revenue Divisional Officer, O/o. Revenue Divisional Office, Tirunelveli District.
2. The Tahsildar,, O/o. the Tahsildar Office, Palayamkottai, Tirunelveli District.
3. The Firka Surveyor, Taluk Office, Palayamkottai, Tirunelveli District.
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S.SRIMATHY , J.
jbr ORDER MADE IN DATED : 19.06.2026 5/5