Aalesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2025

CORAM:

THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.20551 of 2025 and W.M.P(MD)No.15925 of 2025

1. Aalesan

2. Ponvendhan ... Petitioners Vs.

1. The District Collector, PSP Nagar, Korampallam, Thoothukudi - 628 008.

2. The District Revenue Officer, Thoothukudi District.

3. The Tahsildar, Thiruchendur Taluk, Thoothukudi District.

4. The Zonal Deputy Tahsildar, Thiruchendur Taluk, Thoothukudi District.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration, declaring that the subdivisions made in respect of the petitioner's joint patta land in Survey Nos.334/3 and 330 is incorrect and the same is illegal and consequently direct the respondents to rectify the mutations in Survey Nos.334/3, 330 situated in Udangudi Village, Thiruchendur Taluk, Thoothukudi District by considering the petitioner's representation dated 26.07.2024 and 27.07.2025.

For Petitioners : Mr.N.Dilipkumar For Respondents : Mrs.K.Malathi Additional Government Pleader

ORDER

The petitioners herein approached this Court with the following prayer:- "Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration, declaring that the subdivisions made in respect of the petitioner's joint patta land in Survey Nos.334/3 and 330 is incorrect and the same is illegal and consequently direct the respondents to rectify the mutations in Survey Nos.334/3, 330 situated in Udangudi Village, Thiruchendur Taluk, Thoothukudi District by considering the petitioner's representation dated 26.07.2024 and 27.07.2025." 2/6

2. Heard the learned counsel appearing for the petitioners and Mrs.K.Malathi, learned Additional Government Pleader who takes notice for the respondents.

3. By consent of both the parties, the writ petition is taken up for final disposal at the stage of admission itself.

4. It is the case of the petitioners that they are entitled to 27 cents out of 57 cents in S.No.330 and 7 cents out of 30 cents in S.No.334/3. However, in the revenue records the petitioners names have not been reflected in respect of S.No.330 and in respect of S.No.334/3. It was wrongly subdivided and Patta has also been issued to other persons. Therefore, the petitioners submitted a representation before the respondents on 21.07.2025, seeking rectification of revenue records and FMB. The same has not been considered. Hence, the petitioner has come before this Court.

3/6

5. The learned Additional Government Pleader, who takes notice for the respondents 1 to 4 on instructions would submit that the petitioner seeks correction in UDR records and the competent authority to carryout the amendment/correction in the UDR records and FMB is the District Revenue Officer.

6. Though the petitioners have filed a writ petition seeking issuance of Writ of Declaration, this Court feels, in the facts of the case that the petitioners are not entitled to maintain a prayer for issue of Writ of Declaration. The petitioners grievance is with regard to the erroneous revenue records.

7. Therefore, without expressing any opinion on the merits of the matter, the 3rd respondent is directed to forward the representation submitted by the petitioner dated 21.07.2025 to the 2nd respondent District Revenue Officer, Thoothukudi District within a period of two (2) weeks from the date of receipt of a copy of this order. The said authority shall consider the representation of the petitioner dated 21.07.2025 and pass 4/6

final order on its own merits within a further period of two (2) weeks from the date of receipt of a copy of this order, after affording reasonable opportunity to the petitioner and the other interested parties.

8. The writ petition is disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed. 28.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 5/6

S.SOUNTHAR , J.

rgm To

1. The District Collector, PSP Nagar, Korampallam, Thoothukudi - 628 008.

2. The District Revenue Officer, Thoothukudi District.

3. The Tahsildar, Thiruchendur Taluk, Thoothukudi District.

4. The Zonal Deputy Tahsildar, Thiruchendur Taluk, Thoothukudi District.

W.P.(MD).No.20551 of 2025 and W.M.P(MD)No.15925 of 2025 28.07.2025 6/6