S.Sathyabama v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.3754 of 2025 1.S.Sathyabama 2.Saritha ... Petitioners Vs.

1.The District Collector, Erode District, Erode.

2.The Tahsildar, Perundurai Taluk, Perundurai, Erode District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to measure the petitioners land situated in R.S.No.203/1, Chinnaveerasangili Village, Perundurai Taluk, Erode District to the extent of 1.97 acres by making sub division by way of issuing separate patta to the petitioners.

For Petitioner : Ms.R.Hemalatha For Respondents : Mr.S.Jayachandran Government Advocate 1/4

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 2nd respondent to act upon the application submitted by the petitioner on 01.04.2024, wherein, the petitioner is seeking for the subdivision of the property and for issuance of separate patta in the name of the petitioners with respect to the subject property.

2.Heard Ms.R.Hemalatha, learned counsel appearing on behalf of the petitioners and Mr.S.Jayachandran, learned Government Advocate appearing on behalf of respondents.

3.The petitioners are claiming right and title over the subject property through a registered Sale Deed dated 07.03.2024. At present, a joint patta has been issued in Patta No.780 and one of the joint patta holder is the vendor of the petitioners. The petitioners requested to undertake a subdivision and for issuance of separate patta in the name of the petitioners based on the Sale Deed. Since the same was not acted upon, the present writ petition has been filed before this Court. 2/4

4.Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the 2nd respondent to deal with the application submitted by the petitioner on 01.04.2024 and conduct the enquiry for the purpose of subdivision of the survey number. While conducting such enquriry, all the interested parties shall be put on notice. If ultimately, the sub division requires survey of the property, the same shall also be conducted in the presence of the other patta holders. The entire process shall be completed, within a period of eight weeks from the date of receipt of copy of this order.

5.This writ petition is disposed of with the above directions. No Costs. 10.02.2025 Internet : Yes (2/2) Index : Yes Speaking Order / Non Speaking Order ssr 3/4

N. ANAND VENKATESH, J.

ssr To 1.The District Collector, Erode District, Erode.

2.The Tahsildar, Perundurai Taluk, Perundurai, Erode District.

W.P.No.3754 of 2025 10.02.2025 (2/2) 4/4