Kandasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Kandasamy ... Petitioner Vs.
1. The District Collector, Collectorate, Salem District.
2. The Revenue Divisional Officer, Mettur Dam-1, Mettur Taluk, Salem District.
3. The Tahsildar, Mettur Dam-1, Mettur Taluk, Salem District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents to survey and sub divide the properties situated in Gonur West Village, Patta No.249, S.F.No.19/1A to an extent of 1.12 cents (0.45.5 Hector) and Survey No.19/5B1A to an extent of 93 cents (0.375 Hector) and Survey No.19/6B (Patta No.1478) sub-divided as Survey No.19/6B1A1A1A to an extent of 83 cents and issue separate patta in petitioner's name as per the partition deed Document No.508/1991 by considering the petitioner's representation dated 27.12.2024.
For Petitioner :
Mr.D.Lakshmipathy For Respondent :
Mr.S.Jayachandran Government Advocate
O R D E R
The present writ petition is filed praying for a writ of mandamus to direct the respondents to act upon the representation given by the petitioner on 27.12.2024.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. It is submitted by learned counsel for petitioner that petitioner is a senior citizen and there was a family partition deed entered between their family members on 02.09.1991 and the same was duly registered as Document No.508/1991 on the file of Sub Registrar, Mettur and petitioner was alloted 'B-Schedule' properties mentioned in the said deed. Joint
patta was issued in the name of the petitioner and five others for the properties in Patta No.249 and 1478 for he properties in S.F.Nos.19/1A, S.F.No.19/5B1A and S.F.No.19/6B sub-divided as 19/6B1A1A1A.The petitioner made an online application on 25.10.2024 to survey and sub-divide his properties and issue separate patta to him and also paid appropriate fees. However, the same has not been considered. Hence, the petitioner made a representation on 27.12.2024 requesting for survey and sub-division of the properties and also for issuance of separate patta. In spite of the same, no action has been taken. Hence, the present writ petition has been filed.
4. At the outset, it was submitted by learned Government Advocate for respondents that the representation dated 27.12.2024, made by petitioner would be considered and appropriate orders would be passed within a time frame fixed by this Court, which was agreed to by the learned counsel for petitioner.
5. In view of the same, 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 respondents, to consider the representation dated 27.12.2024 and carry out a survey, sub-divide and issue separate patta to the petitioner. The said process shall be completed within a period of eight weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the respondent to consider the matter on its own merits and in accordance with law.
6. Accordingly, the Writ Petition stands disposed of. No costs. 10.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji
To
1. The District Collector, Collectorate, Salem District.
2. The Revenue Divisional Officer, Mettur Dam-1, Mettur Taluk, Salem District.
3. The Tahsildar, Mettur Dam-1, Mettur Taluk, Salem District.
MOHAMMED SHAFFIQ, J.
vji 10.06.2025