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W.P.(MD)No.9221 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 06.04.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P.(MD)No.9221 of 2026

Arulraj ... Petitioner Vs.

1. The Tahsildar, Radhapuram Taluk,

Tirunelveli.

2. The Zonal Deputy Tahsildar, Radhapuram Taluk,

Tirunelveli. ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records from the office of the 1^st respondent with respect to impugned order in File No. 2025/0105/29/417326 dated 14.03.2026 and quash the same and consequently direct the respondents to sub-divide the land of the petitioner to an extent of 2 acre 80 cents, situated in S.No.377/2, comprised in Joint Patta No.3645, Thanakarkulam Village, Radhapuram Taluk, Tirunelveli District and issue

separate Patta on the basis of petitioner's sale deed dated 29.01.2020.

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W.P.(MD)No.9221 of 2026

For Petitioner : Mr.M.Subbaiah

For Respondents : Mr.S.Shanmugavel Additional Government Pleader

O R D E R

This petition has been filed seeking to call for the records from the

office of the 1^st respondent with respect to impugned order in File No. 2025/0105/29/417326 dated 14.03.2026 and quash the same and consequently direct the respondents to sub-divide the land of the petitioner to an extent of 2 acre 80 cents, situated in S.No.377/2, comprised in Joint Patta No.3645, Thanakarkulam Village, Radhapuram Taluk, Tirunelveli District and issue

separate Patta on the basis of petitioner's sale deed dated 29.01.2020.

2. The learned counsel for the petitioner submitted that the land in S.No.

377/2, measuring 1.13.50 hectares (i.e., 2 acres 80 cents) on the western side, out of a larger extent of 1.84.00 hectares situated at Thanakarkulam Village, Radhapuram Taluk, Tirunelveli, originally belonged to three brothers, namely R.K. Subbaraya Reddiar, R.K. Narayasamy Reddiar, and R.K. Vijayarama

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W.P.(MD)No.9221 of 2026

Reddiar, through a registered partition vide Doc.No.28/1963. As per the said partition deed, the above-mentioned property was allotted to R.K. Vijayarama Reddiar. Subsequently, he executed a general power of attorney in favour of Eenamuthu Konar dated 03.02.2009. Further, based on the power of attorney, Eenamuthu Konar executed a registered sale deed in favour of one Kathiresan dated 24.03.2010. Thereafter, mutation was effected, and Kathiresan’s name was included in joint patta No.3645. On 29.01.2020, Kathiresan executed a sale deed in favour of the petitioner, who has been in possession and enjoyment of the property since then, and by mutation, the petitioner’s name was included in joint patta No.3645. While the petitioner had applied for subdivision of the land and issuance of a separate patta, the 1^st respondent, vide proceedings dated

14.03.2026, rejected the application without conducting any enquiry.

3. It was further submitted that prior to the petitioner’s purchase, one S.A.

Raja, through his power agent Jesus Raja, filed a suit in O.S.No.61 of 2012 on the file of the Sub Court, Valliyoor, against the petitioner’s vendor, Kathiresan, and his predecessors in title, seeking a declaration that the sale deed dated 24.03.2010

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W.P.(MD)No.9221 of 2026

executed by Kathiresan was null and void. The said suit was dismissed on 21.07.2015, and no appeal was filed, resulting in the litigation attaining finality against Jesus Raja. Subsequently, Jesus Raja filed another suit in O.S.No.57 of 2020 on the file of the Sub Court, Valliyoor, against the petitioner, seeking a declaration that the petitioner’s sale deed dated 29.01.2020 was null and void. The said suit was later withdrawn by Jesus Raja. In view of the above, there are no rival claimants, and the petitioner seeks to subd