K.Anbazhagan v. The Tahsildar,

In the High Court of Judicature at Madras Dated : 10.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.664 of 2025 K.Anbazhagan

...Petitioner

Vs The Tahsildar, Pennagaram Taluk, Pennagaram, Dharmapuri District.

...Respondent

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to forthwith effect sub-division of the property of the petitioner measuring 1 Acre and 65 Cents situated in Survey No.349/2B, (0.67.00 ares) at Batharahalli Village, Pennagaram Taluk, Dharmapuri District and issue a separate patta for the said property of the petitioner by considering and passing necessary orders on the application of the petitioner dated 18.12.2024. For Petitioner :

Mr.K.Selvaraj For Respondent :

Mr.G.Velu, AGP

ORDER

Seeking a direction to the respondent to consider the online application of the petitioner dated 18.12.2024 to effect subdivision and 1/4

issue a separate patta in respect of the property measuring 1 Acre and 65 Cents situated in Survey No.349/2B, (0.67.00 ares) at Batharahalli Village, Pennagaram Taluk, Dharmapuri District, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for the respondent.

3. The case of the petitioner is that he purchased the subject property vide sale deed dated 05.12.2022 registered as doc.No.6945 of 2022 on the file of the Sub-Registrar, Pennagaram from one Mr.Patangrao. The petitioner's name has also been included in joint patta No.1826. After the purchase, the petitioner made an online application dated 18.12.2024 to the respondent seeking to effect subdivision and issue a separate patta by paying necessary charges. However, the said application has not been considered. Hence the writ petition.

4. The fact that the subject property belongs to the petitioner is seen from the narration in the affidavit filed in support of the writ petition. Since the petitioner acquired the subject property by purchase, he requested the respondent to effect subdivision and issue 2/4

a separate patta.

5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the respondent to consider the online application of the petitioner for effecting subdivision and issue a separate patta in respect of the subject property. The petitioner shall submit all the relevant records to show his title to the subject property and the respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter pass orders either effecting subdivision and issuing a separate patta or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of five months from the date of receipt of a copy of this order. No costs.

10.1.2025 To The Tahsildar, Pennagaram Taluk, Pennagaram, Dharmapuri District.

RS 3/4

P.T.ASHA,J RS 10.1.2025 4/4