Neelakandan v. The Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Neelakandan Petitioner(s) Vs 1.The Tahsildhar, Kallakurichi Taluk, Kallakurichi District.

2.The Head Surveyor, Kallakurichi Taluk Office, Kallakurichi District.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to process petitioner's online application for sub-division patta transfer in application No.2024/0105/33/525179 dated 21.12.2024 and further direct them to survey, effect sub-division and issue separate patta to petitioner in respect of the lands comprised in Survey Nos.153/2C2, admeasuring 12 1⁄2 cents, 153/2C1B, admeasuring 98 cents and 153/2C1C admeasuring 4 cents, totalling to 1.14 1⁄2 acres along with mamool pathway to reach the above lands, situated at Kanangur Village, Kallakurichi Taluk, Kallakurichi District. For Petitioner(s) : Mr.C.Harish For Respondent(s) : Mr.S.Balamurugan Government Advocate 1/4

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 mandamus to process petitioner's online application for sub-division patta transfer in application No.2024/0105/33/525179 dated 21.12.2024 in respect of lands comprised in Survey Nos.153/2C2, admeasuring 121⁄2 cents, 153/2C1B, admeasuring 98 cents and 153/2C1C admeasuring 4 cents, totalling to 1.14 1⁄2 acres along with mamool pathway to reach the above lands, situated at Kanangur Village, Kallakurichi Taluk, Kallakurichi District.

3. Learned counsel for petitioner would submit that originally subject lands belonged to petitioner's father and mother. Petitioner's parents executed a settlement deed dated 24.07.2024 registered as Document No.1737 of 2024 before Nagalur SRO settling the subject lands in favour of petitioner. Thereafter, petitioner initiated mutation of revenue records in his name vide application dated 21.12.2024, however the same is stated to be kept pending. Aggrieved, petitioner has filed the present writ petition. 2/4

4. At the outset, it is submitted by Mr.S.Jayachandran, learned Government Advocate for respondent that the above application submitted by the petitioner would be considered and appropriate orders would be passed within a time frame to be fixed by this Court. Agreed to by the learned counsel for petitioner.

5. In view thereof, the writ petition stands disposed of with a direction to the appropriate respondent to consider the application made by the petitioner for sub-division patta transfer on its own merits and issue separate patta, after putting the petitioner on notice and after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders within a period of 8 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 application and it is open to the concerned respondent to consider the application on its own merits and in accordance with law. No costs.

03.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/4

MOHAMMED SHAFFIQ, J.

mka To:

1.The Tahsildhar, Kallakurichi Taluk, Kallakurichi District.

2.The Head Surveyor, Kallakurichi Taluk Office, Kallakurichi District.

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