Mathialagan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER Mathialagan ... Petitioner -vs1.The District Collector, Thanjavur District.

2.The Thasildhar, Thiruvaiyaru Taluk, Thanjavur District.

3.Sethumani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the second respondent from granting free house site patta in the name of the third respondent for the house site property in Natham lands in S.No.176, situated at D.No.112, Perumal Kovil Street, Mannar Samuthiram Village, by considering the petitioner's objection petition dated 09.12.2025.

For Petitioner : Mr.K.Dinesh For R1 and R2 : Mr.B.Ramanathan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus, forbearing the second respondent from granting free house site patta in favour of the third respondent in respect of the house site property situated in Natham lands comprised in Survey No.176, Door No.112, Perumal Kovil Street, Mannar Samuthiram Village, by considering the petitioner's objection petition dated 09.12.2025.

2. By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Since no adverse orders are going to be passed against the third respondent, notice to the third respondent is hereby dispensed with.

4. According to the petitioner, he has a lawful right and interest in the house site property situated in Natham lands comprised in Survey No.176, bearing Door No.112, Perumal Kovil Street, Mannar Samuthiram Village. The petitioner submitted an objection petition dated 09.12.2025 to the second respondent opposing the proposed grant of free house site patta in favour of the third respondent. Without considering the said objection and without affording an

opportunity of hearing to the petitioner, the second respondent is proceeding to grant free house site patta to the third respondent. Such action is arbitrary, illegal, and contrary to the principles of natural justice. Hence, the petitioner has approached this Court for the relief stated supra.

5. The learned Additional Government Pleader appearing for the respondents submits that the petitioner's objection petition dated 09.12.2025 will be considered on its merits and in accordance with law.

6. 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 respondents 1 and 2 to consider the petitioner's objection petition dated 09.12.2025, on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order. The objection petition shall be considered and disposed of after conducting an enquiry. The respondents 1 and 2 are directed to provide reasonable opportunity during such enquiry to the petitioner and the third respondent and also to the other persons, who may be affected by such decision. There shall be no order as to costs.

NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 16.12.2025

To:- 1.The District Collector, Thanjavur District.

2.The Thasildhar, Thiruvaiyaru Taluk, Thanjavur District.

K.SURENDER , J.

smn2 16.12.2025