S.Murugesan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH S.Murugesan S/o.Chinnathambi Gounder ..Petitioner Vs.

The Tahsildar, Omalur Taluk, Salem District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to survey and subdivide the property in Survey No.209/2B an extent of 353⁄4 cents at Chellapillai Kutti Village, Omalur Taluk, Salem District, by considering the petitioner's representation dated 20.12.2024.

For Petitioner : Mr.M.Elango For Respondent : Mr.S.Jayachandran Government Advocate ***** 1/4

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondent to conduct survey and demarcate the boundaries and sub-divide the property to enable the petitioner to get a separate patta in his name with respect to the subject property.

2. Heard Mr.M.Elango, learned counsel for petitioner and Mr.S.Jayachandran, learned Government Advocate appearing for respondent.

3. The petitioner is claiming right over the subject property through a registered sale deed dated 25.08.2023. A patta was issued in Patta No.3642 in which the name of the petitioner is shown as a joint patta holder along with one Mani. The petitioner, therefore, submitted an application seeking for survey and for sub-division of the property and for issuance of a separate patta in the name of the petitioner. Since the same was not acted upon, the present writ petition has been filed before this Court.

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4. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court and taking note of the grievance expressed by the petitioner, there shall be a direction to the respondent to act upon the application submitted by the petitioner dated 21.10.2024 and conduct a survey based on the title deed of the petitioner. If there are other interested parties, such survey shall be conducted in their presence. After the survey is conducted, the subsequent relief sought for by the petitioner for sub-division and for issuance of separate patta shall also be considered and necessary orders shall be passed. The entire process shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs. 18.02.2025 Internet : Yes/No Index : Yes/No Speaking Order / Non Speaking Order gm 3/4

N. ANAND VENKATESH, J.

gm To The Tahsildar, Omalur Taluk, Salem District.

Writ Petition No.4826 of 2025 18.02.2025 4/4