R.Aravinth Karthick v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition(MD)No.21297 of 2025 R.Aravinth Karthick ..Petitioner Vs 1.The District Collector, O/o District Collector, Karur District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Karur District.
3.The Tahildar, Taluk Office, Pugalur Taluk, Karur District.
4.The Head Surveyor, Taluk Office, Pugalur Taluk, Karur District.
5.Muthusamy 6.Papayee Ammal 7.M.Subramani ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue Writ of of Mandamus directing the respondents 1 to 3 to cancel the illegal subdivision and separate patta granted in favour of the 5th and 6th respondents in respect of Survey Nos.442/1, Mel Orathai 1/5
Village, Pugalur Taluk, Karur District and directing respondents 1 to 4 to conduct a fresh a comprehensive re-survey of the entire Survey No.442 and effect lawful subdivision by providing notice to all affected parties on the basis of the petitioner's representation dated 25.05.2025 within a stipulated time fixed by this court.
For Petitioner : Mr.R.Ramaguru For Respondents : Mrs.K.Malathi Addl. Govt. Pleader for R1 to R4
ORDER
The writ petition is filed seeking a direction to the respondents 1 to 3 to cancel the illegal subdivision and separate patta granted in favour of the private respondents 5 and 6 in respect of the property comprised in S.No. 442/1, situated at Mel Orathai Village, Pugalur Taluk, Karur District.
2. Heard the arguments of Mr.R.Ramaguru, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents 1 to 4. As no adverse order is going to be passed against the interest of the respondents 5 to 7, notice to them is dispensed with. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
2/5
3. It is the case of the petitioner that his grandfather, Chellamuthu Gounder, originally owned 7.79 acres of land in Survey No. 442 in Mel Orathai Village. After the demise of his grandfather, the petitioner's father, Ramaiah, was allotted 3.63-1/2 acres, while his paternal uncle, Kailasam, was allotted 4.16-1/2acres. Subdivision was effected accordingly, and the land allotted to the petitioner's father was assigned new Subdivision No. 442/2, while the portion allotted to his paternal uncle was assigned Subdivision No. 442/1. The private respondents 5 and 6 subsequently purchased the property from the petitioner's paternal uncle.
Later, it came to the knowledge of the petitioner that at the time of effecting subdivision number, the extent of the property was not properly mentioned and in the news subdivision number, the private respondents were given 40 cents in excess. Therefore, the petitioner submitted the instant representation on 25.05.2025 seeking cancellation of subdivision No.442/1 and correction of the extent. Since the said representation has not been considered, the petitioner has approached this court by way of the present writ petition.
4. The learned Additional Government Pleader, who takes notice for the official respondents, would submit that the representation of the petitioner would be considered in accordance with law. 3/5
5. In view of the same, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the application of the petitioner dated 25.05.2025 and pass final orders on its own merits within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, and the private respondents. Accordingly, this Writ Petition is disposed of. No costs. 05.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The District Collector, O/o District Collector, Karur District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Karur District.
3.The Tahildar, Taluk Office, Pugalur Taluk, Karur District.
4.The Head Surveyor, Taluk Office, Pugalur Taluk, Karur District.
4/5
S.SOUNTHAR, J.
skn Writ Petition(MD)No.21297 of 2025 05.08.2025 5/5