Dismissed¶33

Ramasubramanian SP v. The Revenue Divisional Officer

Madras HC12 Aug 2025WP(MD)/21745/2025

Case brief

AI extract

What is this about?

Mandamus for consideration of representation dated 14.10.2024; survey and measurement; TSLR classification error rectification; patta issuance; T.S. Nos 37, 38/1-38/8 Rajapalayam Town, Rajapalayam Taluk, Virudhunagar District; registered sale deed 17.11.1961; registered partition deed 18.12.1986; prior Division Bench disposal of W.P.(MD)No.15575 of 2025; encroachment on municipal pathway, Ward 1 Block 2, Sankarankoil Road; petitioner arrayed as 6th respondent; remedy by clarification from same Bench or challenge per law; writ petition dismissed with liberty; no costs; Article 226 Constitution of India; taken up for final disposal at admission by consent.

What did the court decide?

Writ petition dismissed with liberty to the petitioner to workout his remedy in the manner known to law; no costs. ¶33

Ramasubramanian SP Vs The Revenue Divisional Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition dismissed with liberty to the petitioner to workout his remedy in the manner known to law; no costs.

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Issue for consideration

Whether the Court should entertain the writ petition seeking a mandamus to the 1st respondent to consider and dispose of the petitioners' representation dated 14.10.2024 (for survey, rectification of TSLR classification errors and issuance of patta), when the petitioner was already a party to the disposed writ petition W.P.(MD)No.15575 of 2025 concerning encroachment on the same property.

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Court's answer

Since the petitioner was a party to W.P.(MD)No.15575 of 2025 disposed of by the Hon'ble Division Bench, he is not entitled to a mandamus directing the respondents to consider his representation in the light of his title documents; any grievance against that order must be raised by seeking clarification from the very same Bench or by challenging the said order in the manner known to law.

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Ratio / Principle

The Court is not inclined to entertain the writ petition.

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Detailed headnote1 paragraphs

Writ of mandamus refused — Madras High Court (Madurai Bench), S. Sounthar, J. The petitioners sought a direction to the Revenue Divisional Officer, Sivakasi Division, to consider their representation dated 14.10.2024 for survey and measurement, rectification of classification errors in the Town Survey Land Register (TSLR), and issuance of patta for lands in T.S. Nos 37, 38/1 to 38/8 of Rajapalayam Town, Virudhunagar District, based on a registered sale deed dated 17.11.1961 and a registered partition deed dated 18.12.1986. The Court observed that a third party's writ petition, W.P.(MD)No.15575 of 2025, seeking removal of encroachment by the petitioner and others on a municipal pathway in T.S. No.37 had already been disposed of by the Hon'ble Division Bench, in which the petitioner was arrayed as 6th respondent and the Commissioner, Rajapalayam Municipality was directed to initiate enforcement action and evict the encroachers per due process. Holding that a party aggrieved by that disposed petition must seek clarification from the very same Bench or challenge the order in the manner known to law, the Court ruled the petitioner not entitled to mandamus, declined to entertain the writ petition, and dismissed it with liberty to pursue lawful remedies, with no costs.

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W.P.(MD)No.21745 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.08.2025

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CORAM:

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THE HON'BLE MR. JUSTICE S.SOUNTHAR

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W.P.(MD).No.21745 of 2025

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S.P.Ramasubramanian

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R.Vasanthi

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S.P.Ramachanthira Raja ... Petitioners

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Vs.

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The Revenue Divisional Officer, Sivakasi Division, Virudhunagar District.

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The Commissioner, Rajapalayam Municipality, Rajapalayam, Virudhunagar District.

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The Tahsildar, Rajapalayam Taluk, Rajapalayam, Virudhunagar District. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to consider and dispose of the representation of the Petitioners dated 14.10.2024 and to take appropriate steps for conducting proper

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.21745 of 2025

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survey and measurement and for rectifying the classification errors in the Town Survey Land Register (TSLR), and consequently issue patta in favour of the Petitioners in respect of the lands lawfully held and possessed by them, comprised in T.S. Nos 37, 38/1, 38/2, 38/3, 38/4, 38/5, 38/6, and 38/8 of Rajapalayam Town, Rajapalayam Taluk, Virudhunagar District, forming part of a larger extent of 71 cents, in terms of the registered sale deed dated 17.11.1961 and the registered partition deed dated 18.12.1986.

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For Petitioner : Mr.Y.Prakash For R1 and R3 : Mr.D.S.Nedunchezian Government Advocate For R2 : Mr.M.Dilip Kumar

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ORDER

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The writ petition is filed seeking a direction to the 1^st respondent to consider and dispose of his representation dated 14.10.2024, seeking survey of the property in T.S. Nos 37, 38/1, 38/2, 38/3, 38/4, 38/5, 38/6, and 38/8 of Rajapalayam Town, Rajapalayam Taluk, Virudhunagar District, in the light of the registered Sale Deed dated 17.11.1961 and registered partition deed dated 18.12.1986.

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Heard the learned counsel appearing for the petitioners, Mr.D.S.Nedunchezian, learned Government Advocate, who takes notice for the respondents 1 and 3 and Mr.N.Dilip Kumar, learned counsel, who takes notice for the 2^nd respondent.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.21745 of 2025

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By consent of both the parties, the writ petition is taken up for final disposal at the stage of admission itself.

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It is seen from the typed set of papers that a third party has filed a writ petition before the Hon'ble Division Bench of this Court in W.P.(MD)No.15575 of 2025, directing the respondents herein to remove the encroachment made by the petitioner and others in a municipal pathway situated in T.S. No.37 at Sankarankoil Road, Rajapalayam Town Survey, Ward 1, Block 2, with an extent of 0.0745.0 sq.meters.

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The petitioner was arrayed as 6^th respondent in the said writ petition in W.P.(MD)No.15575 of 2025 . The writ petition was disposed of by directing the 2^nd respondent herein who was arrayed as 1^st respondent therein and to initiate enforcement action and conclude the same by evicting the encroachers by following due procedures as contemplated under the statute and rules. Subsequent to the disposal of the said writ petition in W.P.(MD)No.15575 of 2025, the petitioner has come up with this writ petition seeking above mentioned prayer.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.21745 of 2025

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The petitioner was party to the writ petition in W.P.(MD)No. 15575 of 2025. If the petitioner has got any grievance with the order passed by the Hon'ble Division Bench in W.P.(MD)No.15575 of 2025, it is for the petitioner to seek clarification from the very same Bench or challenge the said order in the manner known to law. Therefore, the petitioner is not entitled to mandamus, seeking directions to the respondent to consider the representation of the petitioner in the light of the title document submitted by him. Hence, this Court is not inclined to entertain the writ petition.

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