C.Antonisamy v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ C.Antonisamy ... Petitioner Vs.
1. The District Collector, Cuddalore District, Cuddalore.
2. The District Revenue Officer, Cuddalore District, Cuddalore.
3. The Revenue Divisional Officer, Cuddalore District, Cuddalore.
4. The Tahsildar, Vridhachalam Taluk, Vridhachalam, Cuddalore District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to sub-divide the lands of the petitioner in Survey No.101/2, 101/3B2, 104/6B2 & 103/2F and issue separate patta in favour of the petitioner by considering petitioner's representation dated 01.06.2025.
For Petitioner :
Mr.B.Ramiprabu For Respondents :
Mr.A.Selvendran Special Government Pleader
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing respondents to conduct survey and sub-divide the property to enable the petitioner to get separate patta in his name with respect to the subject property by considering the representation submitted by him on 01.06.2025.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that he is the owner of the property comprised in Survey Nos.101/2, 101/3B2, 104/6B2 & 103/2F situated at Gopalapuram Village, Vridhachalam Taluk, Cuddalore District by virtue of a Will executed by his father on 12.04.1984 registered as Document No.6 of
1984 on the file of Sub Registrar, Kammapuram. While executing the Will, petitioner's father allocated 'C' Schedule property to petitioner. However, the petitioner was not issued with separate patta and the revenue records of the property allocated to him contained his name along with his brothers and sisters. Petitioner wanted to sell a portion of the property which was allocated to him. Due to non-issuance of separate patta, he is unable to proceed with the sale. Petitioner submitted an online application on 23.10.2024 for survey of the subject property and for issuance of separate patta in his favour. The same was not acted upon and hence, a representation was made on 01.06.2025. Since the same was not considered, the present writ petition has been filed before this Court.
4. At the outset, it is submitted by learned Special Government Pleader for respondents that there is some difficulty in considering petitioner's representation and passing orders in view of pendency of the suit in respect of the subject property in O.S.No.66 of 2019 on the file of District Munsiff Court, Virudhachalam. In any view, learned Special
Government Pleader would submit that the representation dated 01.06.2025, made by petitioner would be considered keeping in view pendency of the suit and Rule 4(4) of the Tamil Nadu Patta Pass Book Rules, 1987 and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by learned counsel for petitioner.
5. In view of the same, 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 fourth respondent, to consider the representation dated 01.06.2025 keeping in view pendency of the suit in O.S.No.66 of 2019 as well as Rule 4(4) of the Tamil Nadu Patta Pass Book Rules, 1987, on its own merits and pass appropriate orders in accordance with law within a period of twelve weeks from the date of uploading of the web copy without waiting for the receipt of certified copy, after affording reasonable opportunity of hearing to petitioner as well as the parties in O.S.No.66 of 2019 and any other interested persons / rival claimants, if any. It is made clear that this Court has not expressed any view with regard to the
merits of the case and it is open to fourth respondent to consider the case on its own merits and in accordance with law.
6. Accordingly, the Writ Petition stands disposed of. No costs. 24.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To
1. The District Collector, Cuddalore District, Cuddalore.
2. The District Revenue Officer, Cuddalore District, Cuddalore.
3. The Revenue Divisional Officer, Cuddalore District, Cuddalore.
4. The Tahsildar, Vridhachalam Taluk, Vridhachalam, Cuddalore District.
MOHAMMED SHAFFIQ, J.
vji 24.06.2025