Muthammal M v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.25835 of 2025 M. Muthammal ... Petitioner Vs.

1. The Tahsildar, Krishnagiri Taluk and District.

2. The Head Surveyor, Krishnagiri Taluk and District.

3. The Village Administrative Officer, Appinayakkankottai Village, Krishnagiri Taluk and District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records of the file of the 1st respondent in proceedings No.2025/0103/31/376000TR dated 07.03.2025 and quash the same as illegal, incompetent and without jurisdiction and further direct the 1st respondent to sub-division and transfer the patta in the name of the petitioner as per registered Sale deed in Document No.980/2011 dated 09.05.2011.

1/5

For Petitioner(s) : Mr.A.Arun Kumar For Respondent(s) : Mr.P.Sathish Additional 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 file praying for a writ of certiorarified mandamus, to quash the order passed by 1st respondent in proceedings No.2025/0103/31/376000TR dated 07.03.2025 and to further direct the 1st respondent to sub-divide and transfer the patta in the name of the petitioner as per registered Sale deed in Document No.980/2011 dated 09.05.2011.

3. It is submitted by the learned counsel for the petitioner that the property comprised in Survey Nos.28/3A and 28/4B, admeasuring 8 cents, 8 1⁄2 cents and 60 cents measuring a total extent of 76 1⁄2 cents, bearing Patta No.512 and 421, situated at Appinayakkankottai Village, Krishnagiri Taluk, Krishnagiri District, originally belonged to Mr.Vadivel and Mr.Moorthy. The petitioner purchased the above property from Mr.Vadivel and Mr.Moorthy by way of a sale deed in Doc.No.980/2011, dated 09.05.2011.

3.1. It is submitted by the learned counsel for the petitioner that the 2/5

petitioner submitted an application seeking subdivision and patta transfer before the 1st respondent on 15.02.2025. The 1st respondent after considering the petitioner's application passed the impugned order dated 07.03.2025. It is further submitted by the learned counsel for the petitioner that while the impugned order states that patta has been changed on the basis of petitioner's application, however a reading/perusal of the order would show that no changes were effected. In fact the column under the head previous patta and current patta in the impugned order remains exactly the same. It is also the case of the petitioner that the impugned order is non speaking and is thus liable to be set aside.

4. When this was pointed out the learned Additional Government Pleader would submit that the petitioner's application dated 15.02.2025, would be reconsidered and appropriate orders would be passed after hearing the petitioner and any other interested parties within a time frame to be fixed by this Court.

5. In view thereof, the impugned order is set aside. Respondents are directed to reconsider the petitioner's application dated 15.02.2025 and pass appropriate orders after affording a reasonable opportunity of hearing to the petitioner and any other interested parties including rival claimants, if any, within a period of 8 weeks from the date of uploading of the web copy without waiting 3/5

for the certified copy. 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.

6. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 27.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:

1. The Tahsildar, Krishnagiri Taluk and District.

2. The Head Surveyor, Krishnagiri Taluk and District.

3. The Village Administrative Officer, Appinayakkankottai Village, Krishnagiri Taluk and District.

4/5

MOHAMMED SHAFFIQ, J.

spp 27.06.2025 5/5