R.Subramani vs THE DISTRICT COLLECTOR
- Court
- Madras High Court
WP No. 45570 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2026
CORAM
THE HON'BLE MR.JUSTICE K. SURENDER
WP No. 45570 of 2026
CNR:{HCMA012680272026}
1. R.Subramani
S/o. Ramasami Gounder,
No.2/210 , Malaikadu,
O.Sowdhapuram village, Sowdhapuram post,
Rasipuram taluk, Namakkal district.
2. S.Sivan
S/o. Subramani,
No.2/210 , Malaikadu,
O.Sowdhapuram village, Sowdhapuram post,
Rasipuram taluk, Namakkal district
..Petitioner(s)
Vs
1. The District Collector
Namakkal district
2. The Revenue Divisional officer
Namakkal district
3. The Tahsildar
Rasipuram taluk, Namakkal district
..Respondent(s)
PRAYER : Writ Petition filed under Article 226 of the Constitution of India,
praying for writ of mandamus directing the 3rd respondent to expeditiously
pass orders in Na.Ka.No. 4722/ 2026 B5 by considering the written submissions
dated 18.09.2026 filed by the petitioners in accordance with law and within a
time frame stipulated by this Honble court and consequently forbearing the
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Respondents or anybody acting on their behalf from disturbing the peaceful
possession and enjoyment of the petitioner’s in respect of the land comprised in
Survey No. 129/3B measuring an extent of 1.12 Acres situated at O.
Sowdhapuram village, Rasipuram taluk, Namakkal district by citing the order
dated 5.06.2026 passed in WP No. 18549 of 2026 until final orders are passed
in the proceedings in Na.Ka.No. 4722/ 2026B5 on the file of the 3rd respondent.
For Petitioner(s): Mr.T.Hemalatha
For Respondent(s): Ms.Saranya Priya,
Government Advocate
Order
The petitioner seeks a direction to the third respondent to pass final orders
in Na.Ka.No. 4722/2026/B5 by considering his written submissions dated
18.09.2026 within a stipulated time frame, and consequently to forbear the
respondents from disturbing his peaceful possession and enjoyment of the land
in Survey No. 129/3B (measuring 1.12 acres) at O. Sowdhapuram Village,
Rasipuram Taluk, Namakkal District, based on the order dated 05.06.2026 in
W.P. No. 18549 of 2026, pending disposal of the said proceedings.
2. The learned counsel for the petitioner submitted that the petitioner
is aggrieved by the inaction of the respondents in not adhering to the orders
passed by this Court in W.P. No. 18549 of 2026. She further submitted that the
said writ petition was filed by one Periyasamy, wherein it was specifically
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WP No. 45570 of 2026
directed that the second respondent therein shall take suitable steps to subdivide
the property based on the enquiry report of the first respondent and pass
appropriate orders.
3. The case of the petitioner is that he is aggrieved by the said
separate subdivision made in pursuance of the orders passed ibid. , in respect of
which proceedings were initiated in Na.Ka.No. 4722/2026B5, for which he was
summoned but till date they have not passed any order.
4. At this juncture, the learned counsel for the petitioner submitted
that a civil suit in O.S. No. 138 of 2026 has already been filed questioning the
said subdivision and despite the same the third respondent is proceeding to sub
divide the subject property.
5. Heard both sides and perused the materials available on record.
6. Taking into consideration the facts and circumstances of the case
and the submissions made on either side, and in view of the fact that a civil suit
in O.S. No. 138 of 2026 is already pending before the competent Civil Court
questioning the very same subdivision, this Court, without expressing any
opinion on the merits of the matter, directs the third respondent to consider the
written submission and to pass orders on merits and in accordance with law as
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WP No. 45570 of 2026
expeditiously as possible. However, it is made clear that the parties are at liberty
to agitate all their rights and contentions before the Civil Court in the pending
suit, or work out their remedies in the manner known to law.
7. With the above observations, this writ petition is disposed of. No
costs.
K.SURENDER J.
05-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
VCA
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WP No. 45570 of 2026
To,
1. The District Collector
Namakkal district
2. The Revenue Divisional officer
Namakkal district
3. The Tahsildar
Rasipuram taluk, Namakkal district
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WP No. 45570 of 2026
K.SURENDER J.
VCA
WP No. 45570 of 2026
05-11-2026
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WP No. 45570 of 2026
To
1. The District Collector
Namakkal district
2. The Revenue Divisional officer
Namakkal district
3. The Tahsildar
Rasipuram taluk, Namakkal district
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