Devi v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.2762 of 2025 Devi ..Petitioner Vs.

1. The Revenue Divisional Officer, The Revenue Divisional Office, Dharmapuri District.

2. The Tahsildar, Palacode Taluk, Dharmapuri District.

3. The Taluk Head Surveyor, Palacode Taluk, Dharmapuri District ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 26.09.2024 and thereby, direct the respondents to measure the property and issue a separate patta in the name of the petitioner from Joint Patta No.884 as per the sale deed in Document Nos.2120/1998 dated 1/5

19.08.1998 and Document No.798 /2001 dated 06.09.2001 on the file of SubRegistrar Office, Marandaalli, Dharmapuri District in Survey No.285/4, situated at Athimuttulu Village, Palacode taluk, Dharmapuri District to an extent of 2.93 cents.

For Petitioner : Mr.B.Sundarapandian For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to consider the representation made by the petitioner on 26.09.2024 wherein the petitioner has requested for measurement of the property and for issuance of separate patta in the name of the petitioner in line with the sale deeds dated 19.08.1998 and 06.09.2001 registered as document Nos.2120/98 and 798 of 2001 with respect to the property in Survey No.285/4 at Athmuttulu Vilalge, Palacode Taluk, Dharmapuri District. 2.

Heard Mr.B.Sundarapandian, learned counsel for the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader for respondents.

2/5

3.

The case of the petitioner is that she is the absolute owner of the subject property measuring an extent of 2.93 cents out of the total extent of 3.84 cents by virtue of Sale deeds dated 19.08.1998 and 06.09.2001. A joint patta was issued in Patta No.884 in the name of the petitioner along with other pattadarars. The petitioner wanted her property to be surveyed and a separate patta to be issued in her name after sub-division. Since the representation was not considered, the present writ petition has been filed before this Court. 4.

Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 2nd respondent to deal with the representation made by the petitioner on 26.09.2024 on its own merits and in accordance with law and a decision shall be taken within a period of six weeks from the date of receipt of the copy of this order. If the measurement of the property and sub-division of the same for the purpose of issuing separate patta involves the right of any third parties, they shall also be put on notice before proceeding further to pass final orders. 3/5

5.

The petitioner is directed to make a fresh representation to the 2nd respondent along with the representation dated 26.09.2024 and all the other relevant documents and also a copy of this order. 6.

This writ petition is disposed of with the above directions. No costs.

03.02.2025 Internet : Yes/No Index : Yes/No Speaking Order / Non Speaking Order rka 4/5

N. ANAND VENKATESH, J.

rka To

1. The Revenue Divisional Officer, The Revenue Divisional Office, Dharmapuri District.

2. The Tahsildar, Palacode Taluk, Dharmapuri District.

3. The Taluk Head Surveyor, Palacode Taluk, Dharmapuri District WP No.2762 of 2025 03.02.2025 5/5