P.Shanmugam v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Shanmugam ... Petitioner Vs.
1.The Tahsildar, Palacode Taluk, Dharmapuri District.
2.The Taluk Surveyor, Palacode, Dharmapuri District.
3.The Inspector of Police, Palacode Police Station, Dharmapuri District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to measure the land, effect sub-division, and issue a separate patta in respect of the land comprised in Survey No.160/3, to the extent of 1.15 acres, situated at Jerthalav Village, Palacode Taluk, Dharmapuri District, with the assistance of the third respondent, within the time frame fixed by this Court and pass orders. 1/7
For Petitioner(s) : Mr.J.Pradeep For Respondent(s) : Mr.A.Selvendran Special Government Pleader for R1 and R2 Mr.R.Kishore Kumar Government Advocate (Criminal side) for R3
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 direct the respondents to measure the land, effect sub-division, and issue a separate patta in respect of the land comprised in Survey No.160/3, to the extent of 1.15 acres, situated at Jerthalav Village, Palacode Taluk, Dharmapuri District, with the assistance of the third respondent, within the time frame fixed by this Court.
3. It is submitted by the learned counsel for the petitioner that petitioner purchased the subject property vide registered sale deed dated 18.02.2025 in Document No.801/2025. Ever since the date of purchase, the petitioner has been in continuous possession and enjoyment of the subject property. Thereafter, the 2/7
petitioner submitted online applications dated 17.04.2025 before the respondents to measure the subject property and effect sub-division, and issue a separate patta, and in his name, and paid necessary fees in respect of the subject property. However, the said applications are not considered so far. Hence, the petitioner has filed the present writ petition.
4. On this being pointed out, the learned Special Government Pleader, Mr.A.Selvendran appearing for Respondent No.1 and 2 would submit that they would consider the online application dated 17.04.2025 and measure the subject property 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.
5. It is further submitted by the learned Special Government Pleader that in case police protection is required they would request the third respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the third respondent would submit that if any such request is made adequate police protection will be granted.
6. As regard issuance of patta, it was submitted by the learned Special 3/7
Government Pleader, that the representation dated 17.04.2025, made by petitioner to effect sub division and issue separate patta would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
7. In view thereof, there shall be a direction to the respondents 1 and 2 to consider the petitioner's online application dated 17.04.2025 and measure the subject property and complete the process within a period of twelve weeks from the date of uploading of the web copy without waiting for the receipt of certified copy giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. It is open to the respondents 1 and 2 to request for police protection before the third respondent. If any such request is made the third respondent is directed to provide adequate police protection for conducting the survey.
7.1. As regards issuance of separate patta, 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 application dated 17.04.2025, seeking sub division and issuance of separate patta, on its own merits and pass appropriate orders in accordance with law, after affording 4/7
reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of twelve weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. 7.2. 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.
8. Accordingly, this writ petition stands disposed of. No costs. 26.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:
1.The Tahsildar, Palacode Taluk, 5/7
Dharmapuri District.
2.The Taluk Surveyor, Palacode, Dharmapuri District.
3.The Inspector of Police, Palacode Police Station, Dharmapuri District.
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MOHAMMED SHAFFIQ, J.
mrn 26.06.2025 7/7