BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ORDER RESERVED ON : 18.02.2026 ORDER PRONOUNCED ON : 23.02.2026 CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).No.13414 of 2025 Naganathan ....Petitioner Vs

1.The District Revenue Officer District Collectorate Virudhunagar

2.The Revenue Divisional Officer Aruppukottai Virudhunagar District

3.The Thasildar Aruppukottai Taluk Office Aruppukottai Virudhunagar District

4.The Deputy Thasildar Aruppukottai Taluk Office Aruppukottai Virudhunagar District

5.Kasthuri ....Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarfied Mandamus to call for the records pertaining to the impugned order passed by the first respondent in Ni.Mu.Aa2/40504/2022 dated 04.04.2025 and second respondent vide his proceedings in No.Pa.Mu.Aa1/8653/2021 dated 30.08.2022 and quash the same as illegal and consequently direct the first respondent to issue patta in the petitioner's name in respect of the Survey Nos.40/6B2B and 40/6B2C and consequently direct the first respondent to subdivide the property in survey No.40/6B2A is situated at Mandapasalai Revenue Village, Aruppukottai Taluk, Virudhunagar District.

For Petitioner : Mr.P.Naganathan Party-in-person For Respondents :Mr.M.Gangatharan Government Advocate for R1 to R4 :Mr.S.Louis for R5

ORDER

The present writ petition has been filed challenging the order passed by the first respondent on 04.04.2025 confirming the order passed by the second respondent dated 30.08.2022 wherein and whereunder the request of the petitioner for issuance of patta in respect of Survey No.40/6B2B and 40/6B2C has been rejected. Further the writ petitioner has prayed for a mandamus to direct the first respondent to subdivide the property in Survey No.40/6B2A situated at Mandapasalai Revenue Village, Aruppukottai Taluk, Virudhunagar District.

(A).Factual Matrix:

2.According to the petitioner, the properties in Survey Nos.40/6B2A, 40/6B2B and 40/6B2C orginally belonged to one P.A.S.Shanmuga Sundaram Nadar. As per the case of the petitioner, 10 cents in Survey No.40/6B was purchased by his father through a registered sale deed dated 22.09.1997. On the same day, one Geetha had purchased 10 cents from the same survey number through the sale deed No.1419/1997.

3. It is further contended on the side of the petitioner that in Survey No.40/6B for an extent of 7 cents was purchased by the petitioner's father from the said Geetha through a registered sale deed dated 19.09.1999. Thereafter, patta for an extent of 0.09 ares was mutated in the name of the petitioner's father for Survey No.40/6B2 in Patta No.1832. It is further contended by the petitioner that in respect of an extent of 0.09 area in Survey No.40/6B2, his father has executed a registered settlement deed in his favour on 15.06.2018. Thereafter, the petitioner's father's survey number namely 40/6B2 having an extent of 0.00.85 acres and 0.01.53 ares respectively were subdivided and patta were issued in the name of the petitioner in Patta Nos. 3629 and 3630 respectively. The petitioner further contends that he has put up building in Survey No.40/6B2B and his house is situated in another Survey No.40/6B2C and he is paying necessary tax to the Government.

4.The petitioner further claims that in respect of Survey No.40/6B2A having an extent of 0.06.62 ares, his father has executed a registered Will in his favour and in favour of his brother's sons on 17.12.2018. Thereafter, the petitioner's father is said to have passed away on 29.03.2019. According to him, after death of his father, the Will has come into force and in respect of his share, the petitioner had made online application on 22.01.2020 before the third respondent for issuance of patta. However, the petitioner received a mobile message on 12.12.2020 that his request has been rejected without assigning any valid reason.

5.The petitioner had further contended that aggrieved over this message, he had made a complaint to the Di