Manickam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD) No.28541 of 2025 Manickam ... Petitioner Vs.

1.The District Collector, Theni District.

2.The Revenue Divisional Officer, Uthamapalayam Taluk, Theni District.

3.Tahsildar, Uthamapalayam Taluk, Theni District.

4.Mohammed Kishore 5.Mohammed Atham 6.Shajitha ... 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 herein to cancel the patta issued in Patta No.717 in favour of the fourth to sixth respondents herein in regards with the land comprised in Old Survey Page No. 1 of 5

No.863/39 and New Survey No.2329/48 situated at Uthamalapalayam West, Uthamapalayam Taluk, Theni District by considering the petitioner's representation dated 12.11.2025. For Petitioner : Mr.C.Senthil Murugan For R1 to R3 : Mr.P.Subbaraj Special Government Pleader

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 consider the petitioner's representation dated 12.11.2025 and to cancel Patta No.717 issued in favour of the fourth to sixth respondents in respect of the land comprised in Old Survey No.863/39 and New Survey No.2329/48, situated at Uthamalapalayam West, Uthamapalayam Taluk, Theni District.

2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the petitioner submits that the land in Old Survey No.863/39 and New Survey No. 2329/48, situated at Uthamalapalayam West, Uthamapalayam Taluk, Theni District, is the Page No. 2 of 5

ancestral property of the petitioner, and that the petitioner was residing in some other place; that when the petitioner moved to the said place and attempted to construct a house, he came to know that, during the resurvey, the names of the fourth to sixth respondents had been wrongly entered in the patta; that thereafter, though the petitioner made several complaints to the first to third respondents, no action was taken and no enquiry was conducted, and instead, the petitioner was made to run from pillar to post; that finally, the petitioner sent a detailed representation dated 12.11.2025; and that since the said representation also did not evoke any response, the present writ petition has been filed.

4. The learned Special Government Pleader appearing for the first to third respondents submits that the petitioner's representation will be considered and disposed of by the second respondent on its own merits and in accordance with law.

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 second respondent to consider the petitioner's representation dated 12.11.2025 on its merits and in accordance with law Page No. 3 of 5

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 second respondent is also directed to provide a reasonable opportunity during such enquiry to the petitioner and the private respondents and to 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. Consequently, the connected Miscellaneous Petition is closed.

[K.SURENDER, J.] 16.12.2025 JEN Index : Yes / No Speaking Order / Non-Speaking Order To 1.The District Collector, Theni District.

2.The Revenue Divisional Officer, Uthamapalayam Taluk, Theni District.

3.Tahsildar, Uthamapalayam Taluk, Theni District.

Page No. 4 of 5

K.SURENDER , J.

JEN 16.12.2025 Page No. 5 of 5