Shanmugasundaram v. The Thasildhar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Shanmugasundaram Petitioner(s) Vs 1.The Thasildhar, Office of Thasildhar, Thiruchengode, Namakkal District.
2.The Head Surveyor, Thiruchengode, Namakkal 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 herein to survey the property comprised in SF.No.43/1C of T.Pudhupalayam Village, Thiruchengode Taluk and Namakkal Distrct and thereby sub-divide the survey numbers, consequently issue separate patta in the name of the petitioner based on the partition deed dated 13.03.1987 by considering the representation of the petitioner dated 28.05.2025 and 13.06.2025.
For Petitioner(s) : Mr.R.Nalliyappan For Respondent(s) : Mr.Mohammed Sathik Government Advocate 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 respondents herein to survey the property comprised in SF.No.43/1C, situated at T.Pudhupalayam Village, Thiruchengode Taluk and Namakkal District and sub-divide the survey numbers and consequently issue separate patta in the name of the petitioner based on the partition deed dated 13.03.1987 by considering petitioner's representations dated 28.05.2025 and 13.06.2025.
3. It is submitted by the learned counsel for petitioner that the property comprised in SF.No.43/1C situated at T.Pudhupalayam Village, Thiruchengode Taluk and Namakkal District was acquired by the petitioner vide partition deed dated 13.03.1987. It is stated that petitioner was allotted an extent of 1 acre 46 cents under the said partition and that joint patta was issued in the names of petitioner and his brother. It is the case of the petitioner that though partition was effected in the year 1987, the property has not been sub-divided as per partition, therefore, petitioner submitted representations dated 28.05.2025 and 13.06.2025 to the respondents seeking sub-division of property and issuance of separate 2/6
patta in petitioner's name, which has not been considered till date. Hence, this writ petition.
4. At the outset, it is submitted by Mr.Mohammed Sathik, learned Government Advocate for respondents that they would consider the petitioner's representations and pass appropriate orders in accordance with law after affording the petitioner and other interested parties a reasonable opportunity of hearing within a time frame to be fixed by this Court.
5. In view of the limited relief that is prayed, this Court is inclined to dispose of the writ petition with following directions: i) The respondents shall consider the representations dated 25.05.2025 and 13.06.2025 in accordance with law, after issuing notice to the petitioner, adjacent land owner and all other interested parties including rival claimants, if any.
ii) Though facts have been set out extensively in the affidavit, this Court does not propose to deal with it while leaving it open to the respondents to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property.
iii) The entire process shall be completed within a period of 12 weeks 3/6
from the date of uploading of web copy without waiting for the receipt of certified copy.
iv) 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. Rights and contentions of the petitioner and all other interested parties are left open.
6. There shall be no order as to costs.
07.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6
To:
1.The Thasildhar, Office of Thasildhar, Thiruchengode, Namakkal District.
2.The Head Surveyor, Thiruchengode, Namakkal District.
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MOHAMMED SHAFFIQ, J.
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