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2026 DAILYLAW 83015 (MAD)

P.Rajamani v. The District Collector

WP(MD)/438/2026 · 2026-01-08

K Surender

Transfer Petitionbody2026

Judgment text

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W.P.(MD) No.438 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2026 CORAM THE HONOURABLE MR.JUSTICE K.SURENDER W.P.(MD) No.438 of 2026 P.Rajamani ... Petitioner Vs. 1.The District Collector, Office of the District Collector, Madurai District, Madurai. 2.The Special Tahsildar (Land Acquisitions), Office of the Special Tahsildar, Adidravidar Welfare Department, Usilampatti Taluk, Madurai District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus calling for the entire records connected with the notice in Na.Ka.No.231/2024/A dated 24.12.2025 issued by the second respondent and quashing the same consequently directing the first respondent to restore the patta in respect of Survey No.351/1B2 situated at Pothampatti Village, Usilampatti Taluk in Madurai District in the petitioner’s mother, Pappathiammal’s, name within the time stipulated by this Court. _____________ Page No. 1 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.438 of 2026 For Petitioner : Mr.S.Malaikani For Respondents : Mr.R.Ragavendran Government Advocate ***** O R D E R This Writ Petition has been filed seeking issuance of a Writ of Mandamus challenging the impugned notice in Na.Ka.No.231/2024/A dated 24.12.2025, issued by the second respondent for survey of the lands in Survey Nos.368/3A2 and 351/1B2, situated at Pothampatti Village, Usilampatti Taluk, Madurai Distric and seeking a direction to the first respondent to restore the patta in respect of Survey No.351/1B2, situated at Pothampatti Village, Usilampatti Taluk, Madurai District, in the name of the petitioner’s mother, Pappathiammal. 2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself. 3. Mr.R.Ragavendran, learned Government Advocate, takes notice for the respondents and submits that the petitioner has challenged the impugned notice issued by the second respondent fixing the date for survey of the land as tomorrow, i.e., 09.01.2026; that earlier, the land was _____________ Page No. 2 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.438 of 2026 acquired by the Government for allotment of free housing sites to the Adi Dravidars vide proceedings dated 24.02.1983; that as per G.O.(Ms) No.34, Revenue and Disaster Management Department, Land Disposal Wing [LD3(1)] Section, dated 13.01.2021, patta has to be issued to the landowners and therefore, the authorities went to the land on 17.12.2025 for conducting survey; that as the adjacent landowners sought fifteen days’ time, the survey was postponed and the impugned notice was issued fixing the date for survey; and that it is the bounden duty of the authorities to survey the land and issue patta to the landowners in accordance with the said Government Order and therefore, the petitioner cannot question the same by way of the present Writ Petition. 4. The learned counsel for the petitioner raises several grounds as to why the survey should not be conducted on 09.01.2026. He submits that there are rival claims, which cannot be adjudicated by the second respondent, the Tahsildar, while conducting the survey. 5. Since there are rival claims, all such claims can only be agitated before the competent civil court and adjudicated by the said court. However, as it is the bounden duty of the authorities to survey the land _____________ Page No. 3 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.438 of 2026 and issue patta to the landowners in accordance with the said Government Order, the respondents are at liberty to proceed further. At the same time, all the objections raised by the petitioner shall form part of the record. The proceedings shall be concluded within a period of eight weeks from the date of receipt of a copy of this order. Needless to state, before passing any order, the petitioner and any other interested parties who may be affected by such an order shall be heard. 6. With the above observations, this Writ Petition stands disposed of. No costs. [K.SURENDER, J.] 08.01.2026 JEN Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No Issue Order copy on 08.01.2026 To 1.The District Collector, Office of the District Collector, Madurai District, Madurai. _____________ Page No. 4 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.438 of 2026 2.The Special Tahsildar (Land Acquisitions), Office of the Special Tahsildar, Adidravidar Welfare Department, Usilampatti Taluk, Madurai District. _____________ Page No. 5 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.438 of 2026 K.SURENDER , J. JEN W.P.(MD) No.438 of 2026 08.01.2026 _____________ Page No. 6 of 6 https://www.mhc.tn.gov.in/judis