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2026 Supreme(Online)(Mad) 14386

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.SURENDER, J
Thiyagarajan – Appellant
Versus
The District Collector, Sivagangai District – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.K.G.Arunkumar
For the Respondents: Mr.D.Sadiq Raja

The court affirms the importance of considering representations on property rights while ensuring due process in administrative decisions.

Headnote:The Writ Petition seeks to issue a Writ of Mandamus under Article 226 of the Constitution to restrain the second respondent from issuing Patta to respondents 3 and 4 concerning the petitioner's ancestral property. The petitioner contends that the fourth respondent has created fraudulent documents. The court directs that the second respondent must duly consider the representation submitted by the petitioner, providing an opportunity for hearing, within a specified timeframe (12 weeks). There shall be no order as to costs.

Table of Content
1. petition concerns property rights and fraudulent claims. (Para 1 , 4)
2. court mandates timely consideration and hearing on property issue. (Para 2 , 3 , 6)
3. court notes the need for administrative review of representations. (Para 5)

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

1.The District Collector, Sivagangai District.

2.The Tahsildar, Thiruppathu Taluk, Sivagangai District.

3.Tamilarasi

4.Muthu Selvam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the second respondent from issuing the individual Patta in favour of the respondents 3 and 4 pertaining to the petitioner's property in Survey No.232/12A1 with an extent of 0.07.60 Ares bearing Patta No. 4174, situated at Aathikadu Thekkur, Thiruppathur Taluk, Sivagangai, based on the petitioner's representation dated 07.08.2025.

For Petitioner : Mr.K.G.Arunkumar For R1 and R2 : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus, forbearing the second respondent from issuing the individual Patta in favour of the respondents 3 and 4 pertaining to the petitioner's property in Survey No. 232/12A1 with an extent of 0.07.60 Ares bearing Patta No.4174, situated at Aathikadu Thekkur, Thiruppathur Taluk, Sivagangai, based on the petitioner's representation dated 07.08.2025.

2. By consent, 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 subject property is ancestral in nature. While so, the fourth respondent has created fraudulent documents and is attempting to survey the subject property and obtain Patta. Therefore, the petitioner submitted a representation dated 07.08.2025 requesting the second respondent not to grant Patta to the fourth respondent. Despite the submission of the said representation, no action has been taken by the authorities to consider the same. Hence, the present Writ Petition has been filed seeking the relief stated supra.

5. The learned Additional Government Pleader appearing for the respondents 1 and 2 submits that the petitioner’s representation will be considered and appropriate orders will be passed on merits and in accordance with law within a time frame to be fixed by this Court.

6. Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the second respondent to consider the petitioner’s representation dated 07.08.2025 and pass appropriate orders on merits and in accordance with law, either way, after providing a reasonable opportunity of hearing to the petitioner, the respondents 3 and 4, and any other persons who may be affected by such decision, within a period of twelve (12) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

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