A.Sakthivel v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Sakthivel ... Petitioner Vs.

The Tahsildar, Gengavalli Taluk, Salem District - 636 105.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to take action on the Petitioner's Representation dated 17.07.2023 and further online Application No.2025/0105/08/607389 dated 27.5.2025 for sub division and grant of separate patta for his agricultural lands measuring an extent of 3.04 acres comprised in Re-Survey No.39 (part) Belur Kattukotai village, Gengaveli Taluk, Salem District within a reasonable time has may be fixed by this Hon'ble Court.

For Petitioner : Mr.A.E.Ravichandran For Respondent : Mr.A.Selvendran Special Government Pleader 1/6

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 respondent to take action on the petitioner's representation dated 17.07.2023 and further online Application No.2025/0105/08/607389 dated 27.05.2025 for sub division and grant of separate patta for his agricultural lands comprised in Re-S.No.39 (part), measuring an extent of 3.04 acres, situated at Belur Kattukotai Village, Gengaveli Taluk, Salem District within a time frame to be fixed by this Court.

3.It is submitted by the learned counsel for the petitioner that petitioner is the absolute owner of agricultural land comprised in ReSurvey No.39 (Part), measuring an extent of 3.04 acres, situated at Belur Kattukotai Village, Gengaveli Taluk, Salem District by virtue of 3 Sale Deeds as under:

(i) Sale Deed dated 16.10.1967, registered as Document No.2305/1967, measuring an extent of 1.00 acre with common cart track; 2/6

(ii) Sale Deed dated 09.11.1976, registered as Document No.1030/1976, measuring an extent of 36 cents with cart track; (iii) Sale Deed dated 08.05.1998, registered as Document No.481/1998, measuring an extent of 1.68 acres with common cart track. 4.It is further submitted by the learned counsel for the petitioner that joint patta No.252 has been issued in favour of petitioner and 10 others in respect of total extent of 13.47 acres (5.45.0 hectares) of land for Re-Survey.No.39 including petitioner's agricultural land (measuring an extent of 3.04 acres). Therefore, petitioner submitted representations dated 17.07.2023, 06.03.2024 and 19.05.2025 to the respondent for sub division and grant of separate patta in his favour. Since the same was not considered, petitioner submitted an online application dated 27.05.2025 seeking sub division and patta transfer in respect of the subject property. However, the above representations and online application were not considered by the respondent till date. Aggrieved by the same, the petitioner has come before this Court.

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5.On this being pointed out, learned Special Government Pleader would submit that the petitioner's representation dated 17.07.2023 and online application dated 27.05.2025 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. 6.In view thereof, considering facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to respondent to consider the petitioner's representation dated 17.07.2023 and online application dated 27.05.2025 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/rival claimants, if any, within a period of 12 weeks from the date of receipt of a copy of this order. 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 case on its own merits and in accordance with law.

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7.Accordingly, the writ petition stands disposed of. No costs. 01.07.2025 Index : Yes/ No Speaking / Non Speaking Order pam To The Tahsildar, Gengavalli Taluk, Salem District - 636 105.

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MOHAMMED SHAFFIQ, J.

pam 01.07.2025 6/6