Madras High Court
WP/41255/2026 of Mathiyalagan Vs The District collector on 15 October 2026
WP No. 41255 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR.JUSTICE K. SURENDER
WP No. 41255 of 2026
CNR:{HCMA012367562026}
AND
WMP NO. 46286 OF 2026
Mathiyalagan
..Petitioner(s)
Vs
1. The District collector
Perambalur 621212
2. The Revenue Divisional Officer
Perambalur
3. The Tahsildar
The Tahsildar Office,
Perambalur District 621 212
4. Mukundan
5. Shanthi
..Respondent(s)
Writ Petition filed under Article 226 of Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 24.06.2026 in Pa.Mu.A2/3948/2025 on the file of the 3rd Respondent and quash the same consequently directing the 3rd Respondent to consider the petitioners representation dated 22.07.2025, afresh in pursuant to letter dated 14.08.2025 in O.M. COLREV COLR/25885/2025-AA2 seeking for cancellation of patta issued in the name of the respondents 4 and 5 and to issue fresh patta in our names in respect of properties at Nochiam Village, perambalur Tauk, measuring an extent about 5.41 acres and 1.44 cents comprised in S.No.360/2 and No.406/2 measuring an extent of 2.44 cents part i.e. acre 1.22
WP No. 41255 of 2026
cents, totaling acre 6.63 cents joint patta nO.666, 684, respectively.
For Petitioner(s):
Mr.B.Manimaran
For Respondent(s):
Mr.P.ElayarajKumar Special Government Pleader for R1 to R3
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
The petitioner has filed this writ petition challenging the order dated 24.06.2026 passed by the third respondent (Ref: No. U.P.A.2/3948/2025). The petitioner seeks a direction to the official respondents to consider his representation dated 22.07.2025 to cancel the patta issued to respondents 4 and 5, and issue a fresh joint patta in favour of the petitioner and other legal heirs for ancestral properties in Survey Nos. 360/2 and 406/2, Nochiyam Village, Perambalur Taluk.
2. The petitioner claims the properties were jointly owned by his paternal grandfathers, succeeded by their legal heirs, and orally partitioned. He alleges that respondents 4 and 5 fraudulently obtained the patta. Following a previous order of this Court in W.P. No. 47002 of 2025, an enquiry was conducted, resulting in the impugned order directing the petitioner to approach a Civil Court.
3. The learned Special Government Pleader for the official respondents submits that the petitioner has an alternative statutory remedy to file an appeal
WP No. 41255 of 2026
before the Revenue Divisional Officer under the Tamil Nadu Patta Pass Book Act, 1983.
4. Heard both sides and perused the materials on record.
5. The dispute involves rival claims over title, succession, and oral partition, which present disputed questions of fact that cannot be adjudicated in a writ petition under Article 226. The determination of the parties' respective rights and shares falls strictly within the jurisdiction of a competent Civil Court. Therefore, this Court is not inclined to interfere with the impugned order dated 24.06.2026. The petitioner is at liberty to invoke the statutory appellate remedies available under the law or approach the competent Civil Court to seek appropriate relief regarding the property title.
6. The writ petition is disposed of with the above observations. No costs. Connected miscellaneous petition is closed. K.SURENDER J. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No JAI
WP No. 41255 of 2026
K.SURENDER J. JAI To
1. The District collector Perambalur 621212
2. The Revenue Divisional Officer Perambalur
3. The Tahsildar The Tahsildar Office, Perambalur District 621 212 WP No. 41255 of 2026 AND WMP NO. 46286 OF 2026 15-10-2026