Marutha Muthu v. The District Collector

ORDER The Writ Petition has been filed seeking issuance of a Writ of Mandamus, directing the second respondent herein to dispose the petitioner's appeal dated

21.04.2025 which is pending before the second respondent herein by cancelling the patta on the name of the respondents 4 and 5 herein with regard to property in Survey No.77/1, situated at Vadugambadi Village, Gujiliyamparai Taluk, Dindigul District and further direct the respondents 2 and 3 herein to restore the entry of Sathura Kinaru [Well] and common Pathway.

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

¶3Since no adverse orders are going to be passed against the respondents 4 and 5, notice to the respondents 4 and 5 is hereby dispensed with.

¶4The learned counsel for the petitioner submits that the petitioner has preferred an appeal dated 21.04.2025 before the second respondent seeking cancellation of the patta standing in the names of the respondents 4 and 5 in respect of the property comprised in Survey No.77/1, situated at Vadugambadi Village, Gujiliyamparai Taluk, Dindigul District.

¶5It is further submitted that the patta in favour of the respondents 4 and 5 has been issued erroneously by including the Sathura Kinaru and the common pathway, which are meant for common use and cannot be subject to exclusive patta. The said appeal is still pending consideration before the second respondent. The learned counsel further submits that the continued non-disposal of the appeal has resulted in serious prejudice to the petitioner and the villagers, as the common rights over the Sathura Kinaru [Well] and pathway are affected. Hence, the present Writ Petition.

¶6The learned Government Advocate appearing for the respondents 1 to 3 would submit that the petitioner's appeal dated 21.04.2025 will be considered and disposed of on merits and in accordance with law within a time frame to be fixed by this Court.

¶7Recording the aforesaid submission and without going into the merits of the matter, this Court directs the second respondent to consider the petitioner's appeal dated 21.04.2025 and dispose of the same on merits and in accordance with law, after affording due opportunity of hearing to all the parties concerned, within a period of sixteen weeks from the date of receipt of a copy of this order.

¶8The Writ Petition stands disposed of with the above direction. No costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No

23.01.2026 To:-

1.The District Collector,

2.The Revenue Divisional Officer,

3.The Tahsildar, Gujiliyamparai Taluk Office, Gujiliyamparai Taluk, Dindigul District. K.SURENDER

, J.

smn2

23.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2026 CORAM: THE HONOURABLE MR.JUSTICE K.SURENDER Marutha Muthu ... Petitioner -vs- 1.The District Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, Gujiliyamparai Taluk Office, Gujiliyamparai Taluk, Dindigul District. 4.Rasu 5.Rajendran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent herein to dispose the petitioner's appeal dated 21.04.2025 which is pending before the second respondent herein by cancelling the patta on the name of the respondents 4 and 5 herein with regard to property in Survey No.77/1, situated at Vadugambadi Village, Gujiliyamparai Taluk, Dindigul District and further direct the respondents 2 and 3 herein to restore the entry of Sathura Kinar and common Pathway. For Petitioner : Mr.G.Gomathishankar For R1 to R3 : Mr.D.S.Nedunchezhian Government Advocate