BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2026 CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER Periyasamy ... Petitioner -vs-

1.The Sub Collector, Office of Sub Collector at Thamaraikulam, Periyakulam Taluk, Theni District.

2.The Tahsildar, Periyakulam Taluk, Theni District. 3.Pandiarajan

4.Balaji

5.Gopal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to complete the enquiry on the representation of the petitioner dated 03.01.2025 and consequently, direct the first respondent herein to pass final orders on the representation of the petitioner dated 03.01.2025, without any further delay.

For Petitioner : Mr.K.Appadurai For R1 and R2 : Mr.N.Ramesh Arumugam Government Advocate

ORDER

The writ petition has been filed seeking issuance of a Writ of Mandamus, directing the respondents 1 and 2 to complete the enquiry on the petitioner’s representation dated 03.01.2025 and, consequently, direct the first respondent to pass final orders on the said representation without any further delay.

2. With the consent of the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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

4. The learned counsel for the petitioner submits that the property measuring 5.66 acres in S.No.1871, situated at Thamaraikulam Village, Periyakulam Taluk, Theni District, is the petitioner’s ancestral property originally held by his father, late Poovanan Moopar. During his lifetime, the petitioner’s father was issued Patta Pass Book No.2083 and subsequently a computerized patta bearing Patta No.8654, and all revenue records stood in his name. The petitioner’s father had four sons, namely Periyannan, Periyasamy (the petitioner), Periyandi (since deceased), and Karuppanan, and upon the demise of their father, all the legal heirs jointly inherited the aforesaid ancestral property. The patta standing in the name of the petitioner’s father has not been transferred in favour of the legal heirs, as there has been no partition or sub-division of the property among them. The petitioner has come to know that certain disgruntled persons are attempting to create false and fabricated documents to unlawfully obtain patta in respect of the said property. In order to safeguard his lawful rights and interest, the petitioner submitted a detailed representation dated 03.01.2025 to the respondents, requesting them not to transfer the patta in respect of the said property without issuing notice and conducting a proper enquiry, as no portion of the property has been alienated by the legal heirs. Despite the said representation, no action has been taken by the respondents, necessitating the present writ petition seeking appropriate directions from this Court.

5. The learned Government Advocate appearing for the respondents 1 and 2 submits that the respondents 1 and 2 require 12 weeks' time to complete the enquiry and pass orders in accordance with law after affording sufficient opportunity to all the stakeholders.

6. Recording 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 respondents 1 and 2 to conclude the enquiry on the representation of the petitioner dated 03.01.2025 and pass appropriate orders on merits and in accordance with law, after providing reasonable opportunity during such enquiry to the petitioner, the respondents 3 and 4 and also any other persons, who may be affected by such decision, within a period of twelve weeks from the date of receipt of a copy of this order. 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 12.01.2026 smn2 To:-

1.The Sub Collecto