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Madras High CourtWP(MD)/26519/2025disposed of

Mahendrakumar v. The District Collector

2025-10-22Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.10.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY Mahendrakumar ... Petitioner Vs

1. The District Collector, Karur District, District Collector Office, Karur.

2. The District Revenue Officer, Karur District District Collector Office Complex, Karur.

3. The Revenue Divisional Officer, Kulithalai Region Revenue Divisional Office, Kulithalai, Karar District.

4. The Tahsildar, Kadavur Taluk, Tahsildar Office, Kadavur, Kararu District.

5. M.Hemalatha

6. Madhubala

7. Manojkumar 1/5

8. Minor. Nishalini

9. Rajkumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to consider the Petitioner representation dated 09.09.2025 to Respondents 1 to 4 and to not make sub-division in respect of land bearing survey 844/2, 844/3 and 844/4 at Palaviduthi village. Kadavur Taluk, Kararu district till the disposal of the partition suit filed by the Petitioner in O.S. No.279 of 2025 pending on the file of the Subordinate Judge, Kulithalai. For Petitioner : Mr.R.Narayanan For Respondents : Mr.K.R.Badurus Zaman Government Advocate for R1 to R4 Mr.D.S.Haroon Rasheed for R5 No appearance for R6,R8,R9 R7 - private notice served

O R D E R

W.P.(MD) No.20205 of 2025 was filed by the fifth respondent herein seeking a direction for issuance of separate patta in respect of Survey Nos.844/2 to 844/4. The petitioner herein was the fifth respondent therein. By order dated 24.07.2025, the Tahsildar was directed to consider the request for separate patta and pass orders on merits. By this writ petition, the petitioner herein/fifth respondent therein 2/5

seeks to prevent subdivision of land in Survey Nos.844/2 to 844/4.

2. Learned counsel for the petitioner submits that the petitioner has filed a partition suit (O.S.No.279 of 2025) before the Sub-Judge, Kulithalai and that subdivision should not be effected pending disposal of such suit.

3. The earlier order of this court did not direct the issuance of separate patta to the fifth respondent herein. The Tahsildar was directed to conduct an inquiry and pass orders on merits. Therefore, it is open to the petitioner to raise all objections, including objections on the basis of the pending partition suit, before the Tahsildar. All such objections shall be considered and a speaking order shall be issued within three months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and the private respondents herein. No costs.

22.10.2025 NCC :No Internet :Yes Index :No PKN 3/5

To

1. The District Collector, Karur District, District Collector Office, Karur.

2. The District Revenue Officer, Karur District District Collector Office Complex, Karur.

3. The Revenue Divisional Officer, Kulithalai Region Revenue Divisional Office, Kulithalai, Karar District.

4. The Tahsildar, Kadavur Taluk, Tahsildar Office, Kadavur, Kararu District.

4/5

SENTHILKUMAR RAMAMOORTHY.,J.

PKN ORDER MADE IN 22.10.2025 5/5