M.Thiruvaiah v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.22463 of 2025 M.Thiruvaiah ... Petitioner .Vs.

1.The Revenue Divisional Officer, Kadayanallur, Tenkasi District.

2.The Tahsildar, Kadayanallur, Tenkasi District.

3.The Zonal Deputy Tahsildar, Kadayanallur, 4.The Village Administrative Officer, Kodikurichi Villagte, Kadayanallur Taluk, 5.Jesurajan, Tahsildar, Palayamkottai Taluk Office, Tirunelveli District.

1/6

6.Mohamed Ali Niyaz Village Administrative Officer, Melakadayanallur, 7.Manimaran, Son of Nallamani, Nallamani Yadhava College of Arts and Science, Kodikurichi, Kadayanallur Taluk, 8.Padmavathi, Wife of Manimaran, Nallamani Yadhava College of Arts and Science, Kodikurichi, Kadayanallur Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to take action upon the Petitioner's representation, dated 19.3.2025 for cancellation of patta in the name of 8h respondent pertaining to S.Nos.43 and 58 located at Kodikurichi Village, Kadayanallur Taluk, Tenkasi District and to restore in the earlier stage.

For Petitioner : Mr.M.Chokkusamy Balasubramanian] For Respondents : Mr.D.S.Nedunchezian 1 to 4 Govt. Advocate

O R D E R

2/6

The Petitioner herein seeks a direction to the first respondent to take action on the Petitioner's representation, dated 19.3.2025 seeking cancellation of patta issued in favour of eigth respondent.

2.Mr.D.S.Nedunchezian, learned Government Advocate takes notice for the respondents 1 to 4. By consent of both parties,the Writ Petition is taken up for final disposal at the admission stage itself. Since no adverse orders are passed against respondents 5 to 8, notice to them is dispensed with. 3.According to the petitioner, the property in S.Nos.43 and 58 situated at Kodikurichi Village, Kadayanallur Taluk, Tenkasi District is his ancestral property and patta for the same has been wrongly issued in the name of eigth respondent and hence, the Petitioner submitted a representation to the second respondent on 19.3.2025 seeking cancellation of patta issued in the name of eigth respondent. The said representation has not been considered till date. Hence the Petitioner has come before this Court with the present Writ Petition for the relief stated supra. 4.Mr.D.S.Nedunchezian, learned Government Advocate who takes notice for the respondents 1 to 4 would submit that in 3/6

respect of the subject property, a civil suit is pending and the representation submitted by the Petitioner will be considered in accordance with law within the time stipulated by this Court. 5.The learned counsel for the Petitioner would submit that the civil suit filed by the 8th respondent was dismissed for default and as on today, there is no civil suit pending. 6.In view of the limited prayer sought for by the Petitioner, without expressing any opinion on the merits of the matter, the first respondent is directed to consider the representation of the Petitioner, dated 19.3.2025 and pass final orders on its own merits after issuing notice to the Petitioner and private respondents 5 to 8, within a period of 12 weeks from the date of a copy of this order.

7.With the above directions, the Writ Petition stands disposed of. No costs.

18.08.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 4/6

1.The Revenue Divisional Officer, Kadayanallur, Tenkasi District.

2.The Tahsildar, Kadayanallur, Tenkasi District.

3.The Zonal Deputy Tahsildar, Kadayanallur, 4.The Village Administrative Officer, Kodikurichi Villagte, Kadayanallur Taluk, S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.22463 of 2025 5/6

18.08.2025 6/6