Madras High CourtWP/24353/2026disposed of

M.P.Ayyappan v. The District Collector

2026-06-30Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-06-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY M.P.Ayyappan S/O.Perumal NO.36/8,V.V.Layout 3rd street Udumalapettai Tiruppur District -642 126 ..Petitioner(s) Vs

1. The District collector O/o.The District collector Tiruppur District -641 604

2. The Tahsildar O/o.The Tahsildar udumalaipettai Taluk Tiruppur District -642 126

3. The Head surveyor O/o.The Head surveyor Udumalaipettai Taluk Tiruppur District -642 126 ..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus directing the 2nd and 3rd respondents to consider and dispose of the petitioners online application bearing No.2026/0123/32/001231 dated 1.6.2026 seeking survey Sub division and

issuance of separate patta in respect of the agricultural lands measuring an extent of 1 Acre and 24 cents (0.49.50 Hectares) out of 3 Acres and 24 cents (1.31.0 Hectares) comprised in survey No.51/3B to gether with 1/4th undivided share in the common pathway measuring 8 cents presently covered under Joint patta No.766 and survey No.51/3B2B, situate at Ragalbavi village, Udumalaipettai Taluk, Tiruppur District and consequently survey sub divided and issue separate patta in favour of the petitioner and his wife, in accordance with law within a time frame.

For Petitioner(s):

Ms.Manne Ramya For Respondent(s):

Mr.B.Pachaiyappan Government Counsel

ORDER

The present Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the 2nd and 3rd respondent to consider the petitioner's online application dated 01.06.2026 within a time frame to be fixed by this Court.

2. The case of the petitioner is that he, along with his wife, jointly purchased agricultural land measuring 1 Acre and 24 Cents in Survey No. 51/3B at Ragalbavi Village, Udumalaipettai Taluk, Tiruppur District, vide a registered Sale Deed dated 28.06.2022. Following the purchase, their names were duly mutated in the revenue records, and the property is currently covered

under Joint Patta No. 766 along with other co-owners. To obtain a separate patta, the petitioner submitted an online application on 01.06.2026, seeking a survey, sub-division, and the issuance of an individual patta. However, the same has not been considered till date. Hence, the petitioner is constrained to file the present Writ Petition.

3. The learned Government Counsel appearing for the respondents submitted that the representation of the petitioner will be considered and appropriate orders will be passed.

4. Considering the facts and circumstances of the case and the submissions made by both sides, this Court, without expressing any opinion on the merits of the matter, directs the second respondent (Tahsildar, Udumalaipettai Taluk) to consider the petitioner's online application dated 01.06.2026 seeking a survey, sub-division, and issuance of a separate patta for the subject property. The second respondent shall afford a fair hearing, after issuing due notice to the petitioner, the co-owners, and any other interested parties, and pass appropriate orders on merits and in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order. It is made clear that in the event that any disturbance arises, the surveying authority is empowered to seek the assistance of the jurisdictional Police, and

the jurisdictional Police are mandated to provide necessary police protection. In the event that the subject land under survey is in the possession of either the petitioner or any other concerned party, the recovery of possession can only be effected through the due process of law before the competent Civil Court; under no circumstances shall the respondents engage in taking over possession after completing the survey to hand it over to any party. Such exercise shall be carried out exclusively through the competent Civil Court.

5. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

6. Post this matter "for reporting compliance" on 25.08.2026. 30-06-2026 Asi

1. The District collector O/o.The District collector Tiruppur District -641 604

2. The Tahsildar O/o.The Tahsildar udumalaipettai Taluk Tiruppur District -642 126

3. The Head surveyor O/o.The Head surveyor Udumalaipettai Taluk Tiruppur District -642 126

KRISHNAN RAMASAMY, J.

Asi 30-06-2026