Madras High Court

WP/44495/2026 of KALAIVANI Vs THE DISTRICT COLLECTOR on 4 November 2026

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WP.No.44495 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-11-2026

CORAM

THE HON'BLE MR.JUSTICE K.SURENDER

WP.No.44495 of 2026

CNR:{HCMA012577982026}

Kalaivani,

D/o.Duraisamy,

D.No.403/9, Selathankadu,

Kamalapuram, Omalur,

Salem - 636309.

..Petitioner(s)

Vs

1. The District Collector,

Salem District,

Salem – 636001.

2. The District Revenue Officer,

District Revenue Office, Collectorate campus, Salem District - 636001.

3. The Revenue Divisional Officer/Sub-Collector, Office of the Revenue Divisional Officer, Mettur, Salem District - 636401.

4. The Tahsildar,

5. Susila

W/o.Ramu,

Selathankadu, Kamalapuram village,

Omalur Taluk, Salem District - 636309.

..Respondent(s)

WP.No.44495 of 2026

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to dispose of the statutory appeal filed by the petitioner dated 08.10.2025 against the order of the 3rd respondent in Mu.Mu.4997/2024/C dated 22.11.2024 on merits and in accordance with law within the time stipulated by this Court.

For Petitioner(s):

Mr.L.Ramanathan

For Respondent(s):

Mr.R.Sanka

Special Government Pleader For R1 to R4

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ORDER

This Writ Petition has been filed to directing the 2nd respondent to dispose of the statutory appeal filed by the petitioner dated 08.10.2025 against the order of the 3rd respondent in Mu.Mu.4997/2024/C dated 22.11.2024 on merits and in accordance with law.

2. The case of the petitioner is that the petitioner, along with the co- owners, gifted an ancestral pathway measuring 8 Cents (324.48 Sq. Mtrs.), comprised in Survey No.48/5A1B, Kamalapuram Village, Omalur Taluk, Salem District, to the Kamalapuram Village Panchayat vide registered Gift Deed dated 25.08.2020 (Doc. No.5592/2020) for the purpose of laying a public road. Since the 5th respondent caused obstruction and got her name included in the patta, the

WP.No.44495 of 2026

petitioner sought rectification of the revenue records. Pursuant to the directions issued by this Court in the earlier writ petitions, the 3rd respondent passed an order dated 22.11.2024 rejecting the petitioner's claim. Aggrieved by the same, the petitioner preferred a statutory appeal before the 2nd respondent on 08.10.2025. Despite conducting an enquiry and submitting reminder representations dated 21.07.2026 and 05.08.2026, the 2nd respondent has not passed any final order. Hence, the present Writ Petition.

3. The learned counsel for the petitioner submits that the petitioner, along with the co-owners, had gifted the subject pathway to the Village Panchayat through a registered Gift Deed for the purpose of laying a public road. However, the 5th respondent, by causing obstruction and getting her name included in the patta, necessitated the petitioner's request for rectification of the revenue records. Though the petitioner has already preferred a statutory appeal dated 08.10.2025 before the 2nd respondent challenging the order of the 3rd respondent dated 22.11.2024, and an enquiry has also been conducted, the 2nd respondent has not passed any final orders. The learned counsel further submits that, despite submitting reminder representations dated 21.07.2026 and 05.08.2026, the statutory appeal remains pending. Hence, the petitioner seeks a

WP.No.44495 of 2026

direction to the 2nd respondent to dispose of the statutory appeal within a stipulated time.

4. The learned Special Government Pleader appearing for the respondents 1to 4 would submit that the statutory appeal preferred by the petitioner is pending consideration before the 2nd respondent and that the same would be considered and appropriate orders would be passed on merits and in accordance with law.

5. Considering the facts and circumstances of the case and the submissions made by the learned counsel appearing on either side, this Court is of the view that the statutory appeal preferred by the petitioner on 08.10.2025 requires consideration and disposal by the competent authority. Accordingly, the 2nd respondent is directed to consider the statutory appeal filed by the petitioner dated 08.10.2025, challenging the order passed by the 3rd respondent in Mu.Mu.No.4997/2024/C dated 22.11.2024, and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner and the other parties concerned, within a period of four months from the date of receipt of a copy of this order.

WP.No.44495 of 2026

6. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioner, and the 2nd respondent shall independently consider the appeal in accordance with law.

7. With the above directions, this Writ Petition is disposed of. No costs. 04-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No vv2 To

1. The District Collector, Salem District, Salem – 636001.

2. The District Revenue Officer, District Revenue Office, Collectorate campus, Salem District - 636001.

3. The Revenue Divisional Officer/Sub-Collector, Office of the Revenue Divisional Officer, Mettur, Salem District - 636401.

4. The Tahsildar,

WP.No.44495 of 2026

K.SURENDER, J. vv2 WP.No.44495 of 2026 04-11-2026

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