Velu Arumugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Velu Arumugam ... Petitioner -Vs1. The District Collector, District Collector Office, Dharmapuri District-636 701.

2. The Revenue Divisional Officer, Revenue Divisional Office,

3. The Tahsildar, Harur Taluk Office,

4. The Head Surveyor, Harur Taluk Office,

5. The Firka Surveyor, Harur Taluk Office,

6. The Village Administrative Officer, Vallimadurai Revenue Village,

7. Murugesan, (R7 impleaded vide order dated 03.09.2025 made in WMP.No.13739 of 2024 in W.P.No.6413 of 2024) ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents No.1 to 6 herein to carryout the Sub Division and Transfer the patta of the Subject lands to the name of the petitioner more specifically in Manavari Punjai Land comprised in Vellimadurai Revenue Village Survey No.61/1 to the extent of 2 Acres and 93 cents in the Vellimadurai Revenue Village in the Harur Taluk of the Dharmapuri District and the Manavari Punjai Land comprised in Vellimadurai Revenue Village Survey No.61/5 to the extent of 34 cents in the Vellimadurai Revenue Village in the Harur Taluk of the Dharmapuri District based on the Sub Division and Patta Transfer Application of the petitioner dated 07.11.2023, within the stipulated time prescribed by this Hon'ble Court. For Petitioner : No appearance For R1 to R6 : Mr.P.Ganesan Government Advocate For R7 : Ms.V.Gayathri for Mr.K.Sivabalan

ORDER

This writ petition has been filed for direction directing the respondents No.1 to 6 herein to carryout the Sub Division and Transfer the patta of the

Subject lands to the name of the petitioner.

2. There is no representation on behalf of the petitioner. Heard the learned Government Advocate for the respondents 1 to 6 and the learned counsel for the 7th respondent and perused the materials available on record.

3. The petitioner had derived title over the property comprised in Survey No.61/1 to an extent of 2 Acres and 93 cents situated at Vellimadurai Revenue Village, Harur Taluk, Dharmapuri District, by way of a registered settlement deed dated 02.03.2010 vide Document No.1051 of 2010 which was executed by his father. In addition to the said property, he had also purchased the property comprised in Survey No.61/5 to an extent of 34 cents situated at Vellimadurai Revenue Village, Harur Taluk, Dharmapuri District, by way of a registered sale deed dated 19.08.2010 vide Document No.4018 of 2010. However, patta in respect of those properties stands in the name of joint owners. Therefore, the petitioner submitted an application along with requisite fees for sub-division patta and for issuance of separate patta to the petitioner.

4. The learned counsel for the 7th respondent submitted that the sale deed, dated 19.08.2010 which was purchased by the petitioner is under challenge in O.S.No.32 of 2024, on the file of the District Munsif, Harur, Dharmapuri. However, the 7th respondent is in possession and enjoyment of the subject property. Therefore, the sub-division cannot be made and no separate patta can be issued to the petitioner.

5. A perusal of the counter filed by the third respondent and on the submissions made by the learned Government Advocate appearing for the respondents 1 to 6 revealed that already the joint patta was issued in the name of the petitioner and others in respect of the land comprised in S.Nos.61/1B1, 61/1B2, 61/5A and 61/5B situated at Vellimadurai Revenue Village, Harur Taluk, Dharmapuri District. There is a dispute between the petitioner and the 7th respondent in respect of portion of the subject property. Therefore, separate patta cannot be issued in favour of the petitioner, unless the Civil Court come to a conclusion. That apart, the 7th respondent is in possession and enjoyment of the subject property.

6. In view of the above, the request made by the petitioner cannot be considered and the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. The petitioner is at liberty to approach the revenue authorities for separate patta, if he succeeds in the Civil Suit. No costs.

15.10.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The District Collector, District Collector Office, Dharmapuri District-636 701.

2. The Revenue Divisional Officer, Revenue Divisional Office,

3. The Tahsildar, Harur Taluk Office,

4. The Head Surveyor, Harur Taluk Office,

5. The Firka Surveyor, Harur Taluk Office,

6. The Village Administrative Officer, Vallimadurai Revenue Village, 15.10.2025