Subramani.K v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER K.Subramani ... Petitioner(s) Vs.

1. The District Revenue Officer, Dindigul District.

2. The Revenue Divisional Officer, Dindigul Taluk, Dindigul District.

3. The Thasildhar, Dindigul Taluk, Dindigul District.

4.P.Raju ... Respondents (R4 impleaded vide order of this Court dated 17.12.2025) PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 3rd respondent to survey and sub divide the land and to issue fresh patta in the name of the petitioner for R.S.No.57/1 measuring to an extent of 2 Acre 57 1/2 cents with half share in Well and Motor Pump set situated thereon and R.S.No.57/3 measuring to an extent of 49 cents totally to an extent of 3 Acre 6 1/2 cents in K.Pudhukottai Village, Aathur Taluk, Dindigul 1/6

District on the basis of the direction issued by the 2nd respondent in Na.Ka.4942/2022/A4 dated 27.10.2022.

For Petitioner :Mr.K.Jeyamohan for M/s. K.Prabhu For Respondents :Mr.N.Ramesh Arumugam Government Advocate for R1 to R3 Mr.H.Lakshmi Shankar for impleading respondent

O R D E R

This writ petition has been filed seeking the issuance of a writ of mandamus, directing the 3rd respondent to survey and sub divide the land and to issue fresh patta in the name of the petitioner for R.S.No.57/1 measuring to an extent of 2 Acre 57 1/2 cents with half share in Well and Motor Pump set situated thereon and R.S.No.57/3 measuring to an extent of 49 cents totally to an extent of 3 Acre 6 1/2 cents in K.Pudhukottai Village, Aathur Taluk, Dindigul District on the basis of the direction issued by the 2nd respondent in Na.Ka.4942/2022/A4 dated 27.10.2022.

2. The learned counsel for the petitioner submitted that, although a representation dated 27.10.2022 was submitted before the third 2/6

respondent seeking survey and subdivision, the same has not been considered by the authorities till date.

3. The learned counsel appearing for the fourth respondent submitted that a civil suit is pending between the parties and that certain proceedings are also pending before the first respondent.

4. Whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the third respondent to consider the petitioner's representation dated 27.10.2022, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, the fourth respondent as well as all other persons, who may be interested in the 3/6

subject matter, within a period of twelve weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the third respondent to consider the same on its own merits. In the event of any issues pertaining to land disputes, the parties shall approach the competent civil court. There shall be no order as to costs. (K.SURENDER, J) 17.12.2025 NCC :Yes/No Internet :Yes/No Index :Yes/No PKN 4/6

To

1. The District Revenue Officer, Dindigul District.

2. The Revenue Divisional Officer, Dindigul Taluk, Dindigul District.

3. The Thasildhar, Dindigul Taluk, Dindigul District.

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K.SURENDER, J.

PKN 17.12.2025 2/2 6/6