Ramasubramanian Sp v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2025
CORAM:
THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.21745 of 2025
1. S.P.Ramasubramanian
2. R.Vasanthi
3. S.P.Ramachanthira Raja ... Petitioners Vs.
1. The Revenue Divisional Officer, Sivakasi Division, Virudhunagar District.
2. The Commissioner, Rajapalayam Municipality, Rajapalayam, Virudhunagar District.
3. The Tahsildar, Rajapalayam Taluk, Rajapalayam, Virudhunagar District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to consider and dispose of the representation of the Petitioners dated 14.10.2024 and to take appropriate steps for conducting proper 1/6
survey and measurement and for rectifying the classification errors in the Town Survey Land Register (TSLR), and consequently issue patta in favour of the Petitioners in respect of the lands lawfully held and possessed by them, comprised in T.S. Nos 37, 38/1, 38/2, 38/3, 38/4, 38/5, 38/6, and 38/8 of Rajapalayam Town, Rajapalayam Taluk, Virudhunagar District, forming part of a larger extent of 71 cents, in terms of the registered sale deed dated 17.11.1961 and the registered partition deed dated 18.12.1986.
For Petitioner : Mr.Y.Prakash For R1 and R3 : Mr.D.S.Nedunchezian Government Advocate For R2 : Mr.M.Dilip Kumar
ORDER
The writ petition is filed seeking a direction to the 1st respondent to consider and dispose of his representation dated 14.10.2024, seeking survey of the property in T.S. Nos 37, 38/1, 38/2, 38/3, 38/4, 38/5, 38/6, and 38/8 of Rajapalayam Town, Rajapalayam Taluk, Virudhunagar District, in the light of the registered Sale Deed dated 17.11.1961 and registered partition deed dated 18.12.1986.
2. Heard the learned counsel appearing for the petitioners, Mr.D.S.Nedunchezian, learned Government Advocate, who takes notice for the respondents 1 and 3 and Mr.N.Dilip Kumar, learned counsel, who takes notice for the 2nd respondent.
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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 seen from the typed set of papers that a third party has filed a writ petition before the Hon'ble Division Bench of this Court in W.P.(MD)No.15575 of 2025, directing the respondents herein to remove the encroachment made by the petitioner and others in a municipal pathway situated in T.S. No.37 at Sankarankoil Road, Rajapalayam Town Survey, Ward 1, Block 2, with an extent of 0.0745.0 sq.meters.
5. The petitioner was arrayed as 6th respondent in the said writ petition in W.P.(MD)No.15575 of 2025 . The writ petition was disposed of by directing the 2nd respondent herein who was arrayed as 1st respondent therein and to initiate enforcement action and conclude the same by evicting the encroachers by following due procedures as contemplated under the statute and rules. Subsequent to the disposal of the said writ petition in W.P.(MD)No.15575 of 2025, the petitioner has come up with this writ petition seeking above mentioned prayer. 3/6
6. The petitioner was party to the writ petition in W.P.(MD)No. 15575 of 2025. If the petitioner has got any grievance with the order passed by the Hon'ble Division Bench in W.P.(MD)No.15575 of 2025, it is for the petitioner to seek clarification from the very same Bench or challenge the said order in the manner known to law. Therefore, the petitioner is not entitled to mandamus, seeking directions to the respondent to consider the representation of the petitioner in the light of the title document submitted by him. Hence, this Court is not inclined to entertain the writ petition.
7. Accordingly, the writ petition is dismissed with liberty to the petitioner to workout his remedy in the manner known to law. No costs. 12.08.2025 (2/2) NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6
To
1. The Revenue Divisional Officer, Sivakasi Division, Virudhunagar District.
2. The Commissioner, Rajapalayam Municipality, Rajapalayam, Virudhunagar District.
3. The Tahsildar, Rajapalayam Taluk, Rajapalayam, Virudhunagar District.
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S.SOUNTHAR , J.
rgm W.P.(MD).No.21745 of 2025 12.08.2025 (2/2) 6/6