K.Amsaveni v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.Nos.24324, 24325 & 24326 of 2025 K.Amsaveni ... Petitioner(s) Vs 1.The Revenue Divisional Officer, Dharapuram, Tiruppur District.
2.The Tahsildar, Dharapurm Taluk, Tiruppur District.
3.The Surveyor.
Dharapuram Taluk, Tiruppur District.
4.The Village Administrtive Officer, Chinnakkampalayam Village, Dharapuram Taluk, Tiruppur District.
5.Krishnaveni ...Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records relating to the 1/6
order in TR 2023/32/04/000094SD dated 30.01.2023 effecting sub division and patta transfer proceedings in the name of 5th Respondent, passed by the 2nd respondent herein and quash the same. For Petitioner(s) : Mr.N.Ponraj For Respondent(s) : Mr.P.Sathish for R1 to R4 Additional 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. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to 5th respondent is dispensed with. 2.The present writ petition is filed praying for a writ of certiorari challenging the proceedings dated 30.01.2023 passed by the 2nd respondent in TR 2023/32/04/000094SD dated 30.01.2023 effecting sub division and transfer of patta in the name of 5th respondent. 3.It is the case of the petitioner that she is the absolute owner of R.S.No.565/2A (Old S.F.No.254/3) measuring an extent of 2.70 acres at 2/6
Chinnakkampalayam Village, Dharapuram Taluk, Tiruppur District which was purchased vide Sale Deed, registered as Document No.9846 of 2010 before the SRO, Dharapuram.
4.It is submitted by the learned counsel for the petitioner that common patta was issued by the respondent Authority in respect of R.S.No.545/2A in favour of petitioner, 5th respondent and two others. However, R.S.No.565/2A has not been subdivided. While so, 5th respondent filed a writ petition in W.P.No.20703 of 2022 for survey and subdivision. This Court directed the 1st respondent therein to consider representation and pass appropriate orders within a period of 12 weeks. 5.It is further submitted by the learned counsel for the petitioenr that in the meanwhile, on 17.11.2022, petitioner made online application for subdivision and transfer of patta. Vide order of this Court in W.P.No.20703 of 2022l, respondents 3 and 4, on 23.11.2022 visited petitioner's land and started measuring without hearing petitioner's objection. Thereafter, petitioner filed a suit for declaration and injunction in O.S.No.1 of 2023 which is pending on the file of District Munsif, Dharapuram. It is further submitted that petitioner visited office of 2nd 3/6
respondent and complained about the actions of the respondents 3 and 4. 2nd respondent intimated petitioner that he would send notice and then measure petitioner's land and thereafter would pass appropriate orders as per order of this Court in W.P.No.20703 of 2022. However, without considering the petitioner's objection, impugned order dated 30.01.2023 was passed in which, sub division No.565/2A2 was allotted to 5th respondent.
6.At the outset, learned Additional Government Pleader for respondents would submit that matter would be considered afresh and fresh orders would be passed in accordance with law within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
7.In view thereof, the writ petition stands disposed of with a direction to the respondents to consider the matter afresh and pass appropriate orders after affording reasonable opportunity of hearing to the petitioner, 5th respondent, adjacent land owners and rival claimants if any, within a period of two weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views 4/6
with regard to the merits of the matter and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed.
18.06.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam To 1.The Revenue Divisional Officer, Dharapuram, Tiruppur District.
2.The Tahsildar, Dharapurm Taluk, Tiruppur District.
3.The Surveyor.
Dharapuram Taluk, Tiruppur District.
4.The Village Administrtive Officer, Chinnakkampalayam Village, Dharapuram Taluk, Tiruppur District.
5/6
MOHAMMED SHAFFIQ, J.
pam 18.06.2025 6/6