Subramanian v. The District Revenue Officer

ORDER This writ petition has been filed seeking issuance of a Writ of Mandamus, directing the third respondent to restore the patta in the petitioner's name in Survey No. 92/2F2A, Nagachi group, Ramanathapuram Taluk, by considering the petitioner's representation dated 25.03.2023.

2.The learned counsel for the petitioner would submit that the property comprised in Survey No.92/2F in Nagachi Group, Ramanathapuram Taluk, Ramanathapuram District, is the ancestral property of the petitioner. After the demise of his grandfather, the petitioner succeeded to the property by way of intestate succession and has been in enjoyment of the same from the year 2000 on wards. The petitioner approached the third respondent for transfer of patta and accordingly, patta was issued in the name of the petitioner. Thereafter, fourth and fifth respondents filed an appeal before the second respondent challenging the grant of patta in favour of the petitioner. Without taking into consideration the pendency of the civil suit, the second respondent transferred the patta in their favour. Aggrieved by the same, the petitioner filed a revision before the first respondent. Considering the fact that a suit for declaration of title is pending, the first respondent set aside the order of the second respondent granting patta to the fourth and fifth respondents. Thereafter, the petitioner made a representation dated

25.03.2023 seeking restoration of the patta in his favour. However, no action has been taken on the said representation to date. Hence, the present Writ Petition.

3.The learned Additional Government Pleader for the respondents 1 to 3 would submit that the petitioner's representation will be considered on its merits and in accordance with law.

4.The learned counsel appearing for the respondents 4 and 5 would submit that the representation of the petitioner cannot be acted upon, since the issues involved are now pending before the civil Court in O.S.No.100 of 2010 on the file of the District Munsif Court, Rameshwaram.

5.In view of the above submissions, and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the third respondent to consider the petitioner's representation dated 23.03.2023 on merits and in accordance with law and pass appropriate orders within a period of eight 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 third respondent is directed to provide reasonable opportunity during such enquiry to the petitioner, the respondents 4 and 5 and also to any other persons, who may be affected by such decision and also to take into consideration the pendency of the civil dispute among the parties. There shall be no order as to costs. NCC : Yes / No (K.SURENDER, J.) Index : Yes / No

21.01.2026 cp TO

1.The District Revenue Officer, Ramanathapuram District

2.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

¶3The Tasildhar, Ramanathapuram, Ramanathapuram District. K.SURENDER,J cp

ORDER IN WP(MD) No.9946 of 2023 Date : 28/01/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28/01/2026 CORAM THE HONOURABLE MR. JUSTICE K. SURENDER Subramanian ... Petitioner Vs 1.The District Revenue Officer, Ramanathapuram District 2.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District. 3. The Tasildhar, Ramanathapuram, Ramanathapuram District. 4.Boominathan, 5.Kaliyammal ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the 3rd respondent to restore the patta stand in petitioner's name in survey no. 92/2F2A, Nagachi group, Ramanathapuram Taluka by considering petitioners representation dated 25.03.2023 to act upon the order in Ni.Mu. (b6)/3438/2017 dated 10.03.2023 passed by the 1st respondent. For Petitioner : Mr.R.Mahendrarajan For R1 to R3 : Mr.B.Ramanathan Additional Government Pleader For R4 and R5 : Mr.M.Kannan