Rema Alias Rema Asley Schiffer v. The Asst Commissionerof Coimbatore
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Rema Alias Rema Asley Schiffer Represented by her Power Agent Manikavasagam, Son of Late Velusamy Thevar, Residing at No.92, Thottichi Amman Koil Street, Udaiyamapalayam, Coimbatore -641 028.
Petitioner(s) Vs 1.The Asst Commissioner of Coimbatore, Coimbatore Corporation South Zone, Palakad Main Road, Kuniyamuthoor, Coimbatore.
2.Tahsildar, Madhukarai Taluk Office, Madhukarai, Coimbatore District.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari directing the 1st respondent to consider the representation dated 09.12.2024 and consequently direct the 2nd respondent to issue a sub division Patta in favour of the petitioner in her individual name with regards to the land measuring 50 cents and 258 sq ft comprised in S.F No. 161/2 part, Kuruchi Village, Coimbatore Taluk presently Madhukarai Taluk.
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For Petitioner(s) : Mr.Subramani for Mr.V.Jayachandran For Respondent(s) : Mr.A.Selvendran R2 Special Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of Certiorari, it is in fact a writ of mandamus as there is no order which is to be to challenged and the prayer is only to direct the respondents to consider the representation dated 09.12.2024 for issuance of sub-division patta in her individual name in respect of the land measuring an extent of 50 cents comprised in Survey No.161/2 Part, Kuruchi village, Coimbatore Taluk presently Madhukarai Taluk.
3. It is submitted by the learned counsel for petitioner as a matter of fact that a joint patta has already been issued which includes the name of the petitioner in the subject property and that the request is now for sub-division and issuance of patta in the individual name of petitioner. 2/4
4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for 2nd respondent that the petitioner's representation would be considered and appropriate orders would be passed after putting the petitioner and other interested parties on notice and after affording them a reasonable opportunity of hearing, within the time frame to be fixed by this Court.
5. In view thereof, the writ petition stands disposed of with a direction to the appropriate respondent to consider the representation of the petitioner for sub-division of patta and pass orders after affording a reasonable opportunity of hearing and after putting the petitioner, joint pattadars and other adjacent land owners /interested parties including rival claimants, if any, on notice within a period of 12 weeks from the date of uploading of web copy without waiting for receipt of certified copy. 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. No costs. 25.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/4
MOHAMMED SHAFFIQ, J.
mka To:
1.The Asst Commissioner of Coimbatore, Coimbatore Corporation South Zone, Palakad Main Road, Kuniyamuthoor, Coimbatore.
2.Tahsildar, Madhukarai Taluk Office, Madhukarai, Coimbatore District.
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