Kalimuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and WMP (MD) No.25952 of 2025 Kalimuthu ... Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Tahsildar, Devakottai Taluk, Sivagangai District.

3. Periyampillai 4.The Revenue Divisional Officer Sivagangai District.

... Respondent(s) (R4 impleaded vide order of this Court dated 09.12.2025) PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing to the Respondents 1 and 2 to modify the entry in Patta No.828, Survey No.315/4C to the extent of 5.75 Ares at Siruvathi Village, Devakottai Taluk, Sivagangai District and transfer the Patta in the Petitioner's name by considering his representation dated 30.07.2025.

For Petitioner :Ms. A.Rajini 1/5

For Respondents :Mr.R.Ragavendran Government Advocate for R1, R2 & R4 Mr.P.Sundar Srinivasan for R3

O R D E R

This writ petition has been filed seeking issuance of a Writ of Mandamus, directing the respondents 1 and 2 to modify the entry in Patta No.828, Survey No.315/4C, to the extent of 5.75 Ares at Siruvathi Village, Devakottai Taluk, Sivagangai District and to transfer the patta in the petitioner's name, by considering his representation dated 30.07.2025.

2. Heard the learned counsel for the parties and perused the materials available on record.

3. The learned counsel for the petitioner vehemently argued that the property in question, comprised in Survey No.315/4C, stands in the name of the petitioner's brother, i.e., the third respondent. She further submits that the property originally belonged to the father of the petitioner and is required to be divided equally between the brothers. Accordingly, the petitioner submitted a representation dated 30.07.2025 seeking modification of the entry in Patta No.828. 2/5

4. The learned counsel appearing for the third respondent submitted that the patta is rightly in the name of the third respondent.

5. Admittedly, this is a clear civil dispute between the brothers arising after the death of their father. The issue regarding the subdivision and ownership of the subject property can only be adjudicated by a competent civil court. Accordingly, this writ petition is disposed of, granting liberty to the petitioner to approach the competent civil court and raise all the grounds canvassed before this Court. No costs. Consequently, connected miscellaneous petition is closed. (K.SURENDER, J) 09.12.2025 NCC :Yes/No Internet :Yes/No Index :Yes/No PKN To

1. The District Collector, Sivagangai District, Sivagangai.

3/5

2. The Tahsildar, Devakottai Taluk, Sivagangai District.

4/5

K.SURENDER, J.

PKN 09.12.2025 5/5