P.Kannan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER P.Kannan ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Madurai, Madurai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Thasildar, Office of the Thasildar, Peraiyur, Madurai District.

4.S.Alagumalai S/o.Solaimalai 5.A.Pandiammal W/o.Alagumalai ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first to third respondents to cancel the Patta No.3776 by taking appropriate action for speedy disposal of the petitioner's representation dated 23.01.2023 initiated Page No. 1 of 6

through the Communication Letter in Na.Ka.no.442/2023/A2 dated 25.01.2023 issued by the second respondent.

For Petitioner : Mr.R.Rajaselvan For R1 to R3 : Mr.P.Subbaraj Special Government Pleader For R4 & R5 : Mr.R.Velmurugan

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first to third respondents to cancel Patta No.3776 by taking appropriate action for the speedy disposal of the petitioner's representation dated 23.01.2023, initiated through the communication letter bearing Na.Ka.No.442/2023/A2 dated 25.01.2023 issued by the second respondent.

2. The case of the petitioner is that the petitioner and the fourth respondent are grandsons of one Alagumani Devar, son of Solaimalai Devar through his two sons. The said Alagumani Devar owned properties in Survey Nos.23/11, 24/14, 31/4 and 311/6B. The fourth respondent's name is Alagumani and the name of his father, i.e., one of the sons of the said Alagumani Devar is Solaimalai. Taking advantage of the similarity in Page No. 2 of 6

the name of the petitioner's grandfather and his father's name, the fourth respondent fraudulently encroached upon and occupied the ancestral properties by creating fraudulent documents. Thereafter, the fourth respondent settled the said properties in favour of the fifth respondent, who is his wife. Based on the said settlement deed, the third respondent issued Patta No.3776 in favour of the fifth respondent.

3. Therefore, the petitioner submitted a representation dated 23.01.2023 seeking cancellation of the patta issued in favour of the fifth respondent. Pursuant to the same, the second respondent, through his communication letter dated 25.01.2023, directed the third respondent to take appropriate action on the said representation. However, there has been no progress till date. Hence, the petitioner was constrained to file the present Writ Petition.

4. The learned Special Government Pleader appearing for the first to third respondents would submit that the petitioner's representation would be considered and appropriate orders would be passed within a period of twelve weeks.

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5. Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the first to third respondents to consider the petitioner's representation dated 23.01.2023 on its merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order. The representation shall be considered and disposed of after conducting an enquiry. The first to third respondents are also directed to provide a reasonable opportunity during such enquiry to the petitioner, the fourth and fifth respondents and any other interested parties who may be affected by the decision. In the event of any rival claims, the same can be agitated before the competent civil court. There shall be no order as to costs.

[K.SURENDER, J.] 17.12.2025 JEN Index : Yes / No To 1.The District Collector, Office of the District Collector, Madurai, Madurai District.

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2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Thasildar, Office of the Thasildar, Peraiyur, Madurai District.

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K.SURENDER , J.

JEN 17.12.2025 Page No. 6 of 6