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Madras High Court

N.Siraj Meeraal vs The District Collector on 18 November, 2025

Author: Senthilkumar Ramamoorthy

Bench: Senthilkumar Ramamoorthy

                                                                                         W.P.(MD)No.4911 of 2024

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED :18.11.2025

                                                         CORAM

                       THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                             W.P.(MD)No.4911 of 2024


                     N.Siraj Meeraal                                                   ... Petitioners

                                                                 Vs.

                     1. The District Collector,
                     Thenkasi District,
                     Thenkasi.

                     2. The Revenue Divisional Officer,
                     Thenkasi Circle,
                     Thenkasi District.

                     3. The Tahsildar,
                     Sivagiri Taluk,
                     Thenkasi District.

                     4. Chitra

                     5. Muthukanni

                     6. Sevuga Perumal                                                      ... Respondents
                     PRAYER : Petition filed under Article 226 of the Constitution of India
                     praying for issuance of Writ of Certiorarified Mandamus, to call for the
                     records relating to the impugned order in RD is RDOSKL / 213 / 2023-
                     B3 dated 09.06.2023 passed by 2nd Respondent and quash the same as
                     illegal and Ultra Vires consequently direct 3rd Respondent to issue


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                                                                                              W.P.(MD)No.4911 of 2024

                     individual Patta in favor of the petitioner with respect of property
                     comprised in Sy.No. 204/3A having area of 720 Sq. Feet at 6th ward
                     main road street, Majara Mettupatti, Ramanathapuram village, Sivagiri
                     Taluk, Thenkasi District.


                                  For Petitioner      : Mr. A. Joseph Jerry
                                  For Respondents :Mr.B.Saravanan
                                                   Addl. Government Pleader for R1 to R3
                                                   No appearance for R4, R6


                                                               ORDER

The petitioner had applied for a separate patta in respect of land in Survey No.204/3A. The said request was rejected by the Revenue Divisional Officer by order dated 09.06.2023. The said order is impugned herein.

2. In the affidavit in support of this petition, it is stated that the property was originally owned by one Arunagiri, who had a son called Kuthalam. The said Kuthalam had three male children, namely Velu, Muthaiyah, Sevuga Perumal. It is also stated that the second son, Muthaya executed sale deed dated 05.11.2018 in favour of the petitioner. 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 06:59:14 pm ) W.P.(MD)No.4911 of 2024

3. Learned counsel for the petitioner submits that there was an oral partition between the three brothers and that this is acknowledged by the Government in earlier order dated 25.11.2022 in W.P.(MD) No.20299 of 2021. Learned counsel refers to paragraph 4 of the order.

4. Consequently, learned counsel contends that there is no title dispute and that the petitioner should not have been relegated to the jurisdictional civil court.

5. From the averments in the affidavit, it is clear that Kuthalam had three male children, who are said to have inherited the property jointly. The affidavit does not contain any reference to an oral partition. The order dated 25.11.2022 merely records the submissions of learned Additional Government Pleader that the petitioner's land was surveyed and demarcated on 23.04.2021. On that basis, it cannot be concluded that an oral partition was effected between the three sons of Kuthalam and that such oral partition had been acted upon.

6. From the above discussion, it appears prima facie a title dispute exists in relation to the relevant property. In those circumstances, I am not inclined to interfere with the order of the Revenue Divisional Officer. 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 06:59:14 pm ) W.P.(MD)No.4911 of 2024 By leaving it open to the petitioner to approach the jurisdictional civil court or file a revision petition before the District Revenue Officer, this writ petition is disposed of. If such revision petition is filed within thirty days from the date of receipt of a copy of this order, the jurisdictional District Revenue Officer is directed to receive and dispose of the same on merits without going in to the question of limitation.

7. This writ petition is disposed of on these terms. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.





                                                                                               18.11.2025
                     NCC                :No
                     Internet           :Yes
                     Index              :No
                     PKN




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                                                                                       W.P.(MD)No.4911 of 2024

                     To
                     1. The District Collector,
                     Thenkasi District,
                     Thenkasi.

                     2. The Revenue Divisional Officer,
                     Thenkasi Circle,
                     Thenkasi District.

                     3. The Tahsildar,
                     Sivagiri Taluk,
                     Thenkasi District.




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                                                                            W.P.(MD)No.4911 of 2024

                                         SENTHILKUMAR RAMAMOORTHY, J.


                                                                                             PKN




                                                                    W.P.(MD)No.4911 of 2024




                                                                                     18.11.2025




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