Rathina P v. The Revenue Divisional Officer

ORDER This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first respondent to restore the patta in respect of the property in T.S.No.2/8C1, Block No.3, Ward F of Aruppukottai Town measuring 0.28.0 hectares in the name of the petitioner Temple by removing the name of the third respondent by considering the representation given by the petitioner Temple dated

30.07.2024, which was numbered as 3445, within a period to be stipulated by this Court.

¶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 third respondent, notice to the third respondent is hereby dispensed with.

¶4The learned counsel for the petitioner submits that the petitioner is the Hereditary Trustee of Mariammal @ Nithyanandhaaswamy Turst, and the Temple is the lawful owner of the property comprised in T.S.No.2/8C1, Block No.3, Ward-F of Aruppukottai Town, measuring an extent of 0.28.0 hectares. The patta in respect of the said property originally stood in the name of the petitioner's Temple. Subsequently, the name of the third respondent was wrongly included in the patta without any legal basis, thereby affecting the petitioner's Temple's lawful rights over the property. Aggrieved by the said erroneous entry, the petitioner submitted a detailed representation dated 30.07.2024, which was numbered as 3445, before the first respondent seeking restoration of the patta in the name of the Temple, by removing the name of the third respondent. Despite the said representation, the first respondent has not taken any action to restore the patta, causing prejudice to the petitioner's Temple. Hence, the petitioner has been constrained to approach this Court for the relief stated supra.

¶5The learned Additional Government Pleader appearing for the respondents 1 and 2 submits that the petitioner's representation dated 30.07.2024 will be considered and appropriate orders will be passed on merits and in accordance with law.

¶6Recording the aforesaid submission, and without expressing any opinion on the merits of the matter, this writ petition is disposed of with a direction to the first respondent to consider the petitioner's representation dated 30.07.2024, and pass appropriate orders on merits and in accordance with law 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 first respondent is directed to provide reasonable opportunity during such enquiry to the petitioner, the third respondent and any other persons, who may be affected by such decision. Needless to state that in the event of any rival claims, the parties are at liberty to work out their remedies before the Civil Court. There shall be no order as to costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No

02.02.2026 smn2 To:-

1.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

2.The Tahsildar, Aruppukottai, Virudhunagar District. K.SURENDER

, J.

smn2

02.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2026 CORAM: THE HONOURABLE MR.JUSTICE K.SURENDER P.Rathina ... Petitioner -vs- 1.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District. 2.The Tahsildar, Aruppukottai, Virudhunagar District. 3.Shanmugaprabhu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to restore the patta in respect of the property in T.S.No.2/8C1, Block No.3, Ward F of Aruppukottai Town measuring 0.28.0 hectares in the name of the petitioner Temple by removing the name of the third respondent by considering the representation given by the petitioner Temple dated 30.07.2024 and numbered as 3445 within a period stipulated by this Court. For Petitioner : Mr.S.Selva Aditya For R1 and R2 : Mr.D.Sadiq Raja Additional Government Pleader