Sambath v. The Sub-Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.10.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY and WMP (MD) No.22815 of 2025 Sambath ... Petitioner Vs

1. The Sub-Collector, Devakottai, Sivagangai District.

2. The Tahsildar, Devakottai Taluk, Sivagangai District.

3. The Block Development Officer, Devakottai Panchayat Union, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to cancel the sub-division in Survey Number 29/2E1B and restore as Survey Number 29/2E1 of Thenneervayal Group, Devakottai Taluk by considering the appeal in the form of representation of the petitioner dated 09.10.2025.

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For Petitioner : Mr.J.Anandkumar For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 and R2 Mr.R.Gandhiraj Special Government Pleader for R3

O R D E R

By relying on settlement deed dated 02.12.2012 and Patta No. 953, the petitioner had appealed to the first respondent against the subdivision and grant of patta in favour of the third respondent.

2. Mr.K.Balasubramani, learned Special Government Pleader, accepts notice for respondents 1 and 2 and Mr.R.Gandhiraj, learned Special Government Pleader, accepts notice for the third respondent. Learned Special Government Pleader submits that inquiry would be conducted and orders would be issued on merits within three months from the date of receipt of a copy of this order.

3. Mr.Muthuganesapandian, appears on behalf of Vellaikannu, who had filed W.P.(MD) No.858 of 2025 alleging that there were 2/5

encroachments in Survey No.29/2A. Learned counsel submits that he be permitted to raise objections before the Revenue Divisional Officer. Learned counsel for the petitioner, however, contends that the writ petition related to Survey No.29/2A, whereas this petition relates to Survey No.29/2E1 and the subdivided Survey No.29/2E1B. This aspect may be examined by the Revenue Divisional Officer.

4. Accordingly, without making any observations on the merits, this writ petition is disposed of by directing the first respondent to conduct an inquiry in relation to the petitioner's request for cancellation of subdivision and pass a speaking order thereon within three months from the date of receipt of a copy of this order after issuing notice to the petitioner, the third respondent and Vellaikannu. It is needless to say that a reasonable opportunity should be given to all the parties. 17.10.2025 NCC :No Internet :Yes Index :No PKN 3/5

To

1. The Sub-Collector, Devakottai, Sivagangai District.

2. The Tahsildar, Devakottai Taluk, Sivagangai District.

3. The Block Development Officer, Devakottai Panchayat Union, Sivagangai District.

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SENTHILKUMAR RAMAMOORTHY.,J.

PKN ORDER MADE IN 17.10.2025 5/5