Muthusamy. S v. The District Collector,

ORDER The writ petition is filed seeking a direction to the respondents to consider the petitioner's representations dated 16.05.2025,

28.04.2025, 22.09.2025, 13.07.2026 and 14.07.2026, and issue a patta in respect of the property situated in Old Natham Survey No.140 and New Survey No.414/2, at Urmelazhagiyan Village, Kadayanallur Taluk, Tenkasi District.

2.Heard the arguments of Mr.A.Sankararamasubramanian, learned counsel for the petitioner and Mrs.Porkodi Karnan learned Special Government Pleader appearing for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3.It is the case of the petitioner that 14 cents of Natham land in Survey No.414/2 at Urmelazhagiyan Village, Kadayanallur Taluk, was originally owned by the petitioner's grandfather, Muthusamy Nayakkar. After his death, the property was enjoyed by his only son, namely, Subbaiah, the petitioner's father, along with his sons. Subsequently, there was a partition between Subbaiah and his sons. In the said partition, the property was divided into three equal shares, each measuring 2,156 square feet, and one share was allotted to the petitioner. However, till date, patta has not been issued in favour of the petitioner and other sharers. In such circumstances, the petitioner made a series of representations to the respondents. The last of such representations was submitted before the third respondent on 14.07.2026. Since the same have not been considered, the petitioner has come before this Court by filing the present writ petition.

4.This Court, in N.S.Krishnamurthy v. District Collector, Krishnagiri District and others, in W.P(MD)No.4936 of 2024 and etc., batch dated 26.03.2025, observed that the ceiling of three cents prescribed under the Revenue Standing Orders is applicable only to unoccupied Natham lands and that the said ceiling is not applicable to occupied Natham lands. The relevant observation reads as follows: "(ii) In the considered view of this court, the ceiling of 3 cents prescribed under the RSO is applicable only to assignment of unoccupied natham and not for occupied natham, which, as held above, is the private property of the occupant."

5.According to the petitioner, his family has been in occupation of the subject property for more than five decades. In such circumstances, there may not be any impediment for the respondents to consider his request.

6.The learned Special Government Pleader, who takes notice for the respondents, would submit that the competent authority to consider the request of the petitioner is the second respondent.

7.In the light of the said submission, the third respondent is directed to forward the representation of the petitioner dated

14.07.2026 to the second respondent within a period of two weeks from the date of receipt of a copy of this order. The second respondent shall consider the same and pass final orders, on its own merits and in accordance with law, in the light of the observations made by this Court in in W.P(MD)No.4936 of 2024 and etc., batch dated

26.03.2025, within a further period of eight weeks thereafter, after affording a reasonable opportunity of hearing to the petitioner.

8.With the above direction, the writ petition stands disposed of. No costs.

13.08.2026 NCC : Yes/No Index : Yes/No Internet:Yes skn To

1.The District Collector, Tenkasi District, Tenkasi.

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

3.The Tahsildar, Kadaiyanallur Taluk, Tenkasi District.

S.SOUNTHAR, J.

skn

Writ Petition(MD)No.23155 of 2026

13.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2026 CORAM THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition(MD)No.23155 of 2026 S.Muthusamy ..Petitioner Vs 1.The District Collector, Tenkasi District, Tenkasi. 2.The Revenue Divisional Officer, Tenkasi, Tenkasi District. 3.The Tahsildar, Kadaiyanallur Taluk, Tenkasi District. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondents consider the Petitioner's representations dated 16.05.2025, 28.04.2025, 22.09.2025 and 13.07.2026 and issue Natam Patta in Old Natham S.No.140 and New Natham Survey No. 414/2 based on partition deed dated 22.02.2008 each measuring 2156 square meter in the light of this Court's order in W.P. (MD) Nos. 4936, 6015 & 6795 of 2025 dated 26.03.2025. For Petitioner : Mr.A.K.Manikkam For Respondents : Mrs.Porkodi Karnan Spl. Govt. Pleader