M.Kalimuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.21741 of 2025 M.Kalimuthu ... Petitioner .Vs.

1.The District Collector, Tenkasi.

2.The Revenue Divisional Officer, Sankarankovil Division, Tenkasi.

3.The Tahsildar, Sankarankovil Taluk, Tenkasi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to consideer the representation, dated 7.3.2025 and rectify the mistake in Natham Adangal in respect of S.NO.1234/28, Aatkondarkulam Village, Sankarankvoil Taluki, Tenkasi District.

For Petitioner : Mr.H.Arumugam For Respondents : Mrs.K.Malathi 1 to 3 Addl.Govt. Pleader 1/6

O R D E R

The Writ Petition is filed seeking a direction to the second respondent to consider the representation of the Petitioner, dated 7.3.2025 seeking rectification of Natham Adangal in respect of the property situate in S.No.1234/28, Aatkondarkulam Village, Sankarankovil Taluki, Tenkasi District.

2.Mrs.K.Malathi, learned Additional Government Pleader takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the Petitioner, the property in Natham S.NO. 1234/28 was purchased by the Petitioner under sale deed, dated 4.5.1990 from one Gurusamy Servai and he has been in possession and enjoyment of the same. Since the subject property has been wrongly classified as 'Pathway', in order to assert the right of the Petitioner, a civil suit was instituted in O.S.NO.6/2025, on the file of Principal District Munsif Court, Sankarankovil and the same is pending. In the meantime, some of the family members of the Petitioner attempted to interfere with the possession of the 2/6

Petitioner on the ground that the subject property is a pathway belongs to the Government. Hence the Petitioner submitted a representation before the official respondents seeking rectification of Natham Adangal by deleting the entry 'pathway' in respect of the subject property. The same has not been considered till date. Hence the Petitioner is before this Court with the present Writ Petition for the relief stated supra.

4.Mrs.K.Malathi, learned Additional Government Pleader who takes notice for the respondents 1 to 3 would submit that the one Maragatham filed a Writ Petition before this Court in W.P(MD)NO.30474 of 2024 seeking a direction to the official respondents therein to remove the encroachment made by one Murugan and Gurusamy in the street portion situate in S.Nos. 1234/1, 1234/16 and 1234/28 and the said Writ Petition was disposed by directing the official respondents to consider the representation of the Petitioner therein in accordance with law after giving due opportunity to the private respondents therein and the other interested parties. Pursuant to the said direction, notice has been issued to the Petitioner under the provisions of Tamil Nadu Land Encroachment Act. In these circumstances, the Petitioner has approached this Court with the present Writ Petition for the relief above mentioned.

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5.Even according to the averments contained in the representation of the Petitioner, he filed a suit for declaration of his title over the subject property in O.S.No.6 of 2024.When the said suit is pending disposal, ,this Court is not inclined to issue any direction to the official respondents to consider the request of the Petitioner seeking mutation of revenue records. 6.Therefore, the Writ Petition stands dismissed with liberty to move the revenue authorities, after they succeed in the civil litigation. No costs. As far as notice issued by the official respondents under the Land Acquisition proceeding is concerned , it is open to the Petitioner to submit his objections to the notice. The competent authority, namely, the District Collector shall consider the objection submitted by the Petitioner in accordance with law, as per the provisions of the Tamil Nadu Land Encroachment Act.

08.08.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 4/6

1.The District Collector, Tenkasi.

2.The Revenue Divisional Officer, Sankarankovil Division, Tenkasi.

3.The Tahsildar, Sankarankovil Taluk, Tenkasi S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.21741 of 2025 5/6

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