M.Pappathi v. The Revenue Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M. Pappathi ... Petitioner Vs.
1. The Revenue Tahsildar, Omalur Taluk, Salem District.
2. The Sub Inspector of Police, Tharamangalam Police Station, Salem District.
3. Siddhan
4. Samyannan
5. Kandasamy
6. Palaniappan
7. Thavamani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent to conduct survey to fix the boundaries by considering petitioner's online application No.2025/0123/08/010180, dated 16.05.2025 and effect sub division and order 1/6
transfer of patta on petitioner's online application in CAN No.133081031860740 and Application No.2025/0105/08/604569, dated 16.05.2025. For Petitioner : Ms. M. Adhi Shree For Respondent : Mr. S. Balamurugan, GA for R1 Mr.R. Kishore Kumar, GA (crl.side)-R2
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 the Respondents 3 to 7 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the 1st respondent to conduct survey to fix the boundaries by considering petitioner's online application No.2025/0123/08/010180, dated 16.05.2025 and effect sub division and order transfer of patta on petitioner's online application in CAN No.133081031860740 and Application No.2025/0105/08/604569, dated 16.05.2025.
3. It is submitted by the learned counsel for the petitioner that a partition 2/6
deed was entered among the petitioner, her father P.Mani, sister Saroja and brother M.Palanisamy on 26.05.2022, vide Doc.No.3937/2022 on the file of the SRO, Tharamangalam. Petitioner's father was allotted A schedule, while petitioner was alloted 'C' schedule properties. Subsequently, petitioner's father P. Mani executed a settlement deed dated 05.09.2022 by settling his 56 cents bearing SF.No.220/2C1A1A1 in favour of petitioner and his mother Chinnathayee. Petitioner presented online application on 16.05.2025 seeking to survey the subject land comprised in SF No.220/2C1A1A1, subdivide the same and transfer patta. However, the said applications have not been considered till date. Aggrieved by the same, the petitioner has come before this Court.
4.On this being pointed out, the learned Government Advocate appearing for the 1st respondent would submit that they would consider the petitioner's online applications dated 16.05.2025 seeking to survey the subject land, subdivide the land and transfer patta after giving prior notice to petitioner and respondents 3 to 7, adjacent land owners and rival claimants, if any, after affording them an opportunity of personal hearing and complete the process within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
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5. It is further submitted by the learned Govt. Advocate for the 1st respondent that, in case police protection is required, they would request the 2nd respondent. When this was pointed out, Mr. R. Kishore Kumar, the learned Government Advocate (crl.side) appearing for the 2nd respondent would submit that if any such request is made, adequate police protection will be granted.
6. In view thereof, the writ petition stands disposed of with a direction to the respondents to consider petitioner's online applications dated 16.05.2025 seeking survey of subject land, subdivision and transfer of patta would be considered after verifying the title deeds, revenue records etc., after giving prior notice to the petitioner, respondents 3 to 7, adjacent land owners and other interested parties including rival claimants, if any and complete the process within a period of 8 weeks from the date of uploading of web copy without waiting for receipt of certified copy of this order. It is open to the 1st respondent to request for police protection before the 2nd respondent. If any such request is made, the 2nd respondent is directed to provide adequate police protection for conducting the survey. 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 concerned respondent to consider the matter on its own merits and in accordance with law. 4/6
7. Accordingly, the writ petition stands disposed of. No costs. 20.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No msr To
1. The Revenue Tahsildar, Omalur Taluk, Salem District.
2. The Sub Inspector of Police, Tharamangalam Police Station, Salem District.
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MOHAMMED SHAFFIQ, J.
msr 20.06.2025 6/6