Rajadesingu.G v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Rajadesingu.G Petitioner(s) Vs 1.The District Collector, Collector Office, Ariyalur District-621704.
2.The Tahsildar, Tahsildar Office, Jayakondam, Ariyalur District -621802.
3.The Land Surveyor, Office of Land Surveyor, Jayakondam, Ariyalur District.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the Petitioner's application No.2025/0105/17/168580 dated 02.04.2025 for subdivision of Patta by carrying out the necessary field survey in Survey Nos.105/22 and 105/23 J, admeasuring an extent of 1620 sq. ft and 1682 sq. ft respectively 1/6
situated at Utkottai (North) Udayarpalayam, Ariyalur District, in accordance with law.
For Petitioner(s) : M/s.M.Santhanamari For Respondent(s) : Mr.A.Selvendran Special 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.
2. The present writ petition is filed praying for a writ of mandamus to direct the respondents to issue patta in favour of the petitioner's application No.2025/0105/17/168580 dated 02.04.2025 for sub-division of Patta.
3. It is submitted by the learned counsel for petitioner that the property originally belonged to one Rathinambal along with her legal heirs who were the owner of the property measuring an extent of 5.50 ares. It is stated that petitioner purchased the property comprised in Survey Nos.105/22 and 105/23 J, measuring an extent of 1620 sq.feet and 1682 sq.feet situated at Utkottai (North), Udayarpalayam, Ariyalur District, and that patta was issued in Patta Nos.1319 and 1302 in the name of petitioner and four others. It is further stated that petitioner being the absolute owner of the subject property, an application was 2/6
made by the petitioner for survey and sub-division of patta vide a petition in No.2025/0105/17/168580 on 02.04.2025 and he has also paid the appropriate fees on 01.04.2025, however the same has not been considered till date. Hence this writ petition.
4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents that the petitioner's application seeking survey and sub-division of the subject property would be considered and appropriate orders would be passed after affording the petitioner, adjacent land owners and other interested parties, an opportunity of hearing within the time frame to be fixed by this Court, which was readily accepted 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 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, including rival claimants, if any, within a period of 12 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 3/6
matter and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs. 01.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6
To:
1.The District Collector, Collector Office, Ariyalur District-621704.
2.The Tahsildar, Tahsildar Office, Jayakondam, Ariyalur District -621802.
3.The Land Surveyor, Office of Land Surveyor, Jayakondam, Ariyalur District.
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MOHAMMED SHAFFIQ, J.
mka 01.07.2025 (1⁄2) 6/6