Palaniyammal v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Palaniyammal ... Petitioner Vs.
1.
The Revenue Divisional Officer, Gengavalli Taluk, Salem District - 636 105.
The Tahsildar, Gengavalli Taluk, Salem District - 636 105.
The Sub Register, Thamampatti, Salem District - 636 105.
4.
Mekala 5.
C.Jayakodi 6.
C.Kanmani ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of mandamus, to direct the third respondent to issue separate patta to the agriculture land comprised in Joint Survey No.501B2, transacted area 46(3), existing patta no.2842 & 50-2 transacted area 1(3), existing patta no.2838 & 50-1A, transacted area 3(3), existing patta No.2841, Thammaampatti Village, Kangavalli Taluk, Salem District and
grant a separate patta for the property in the name of the petitioner or in the name of any third party.
For Petitioner : Mr.B.S.Sundaramoorthy For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R3
ORDER
The writ petition is filed seeking a direction to the third respondent to issue separate patta to the agriculture land comprised in Joint Survey No.50-1B2, transacted area 46(3), bearing Patta no.2842 & 50-2 transacted area 1(3), bearing Patta no.2838 & 50-1A, transacted area 3(3), bearing patta No.2841, situate at Thammaampatti Village, Kangavalli Taluk, Salem District.
The learned Counsel for the petitioner would submit that the petitioner is the absolute owner of the subject property. However, she was issued with Joint Patta by the Tahsildar, Gengavalli. While so, the respondents 3 to 5, who are the adjacent owners, causing disturbance to the petitioner. In such circumstances, petitioner has submitted representation to respondents dated 13.06.2025, seeking separate patta in respect of the subject property. The petitioner had also submitted an application through online on 24.04.2025. However, the same were not considered by the respondents. Hence, the petitioner has come before this Court.
At the outset, it is submitted by the learned Special Government Pleader appearing for respondents that the representation dated 13.06.2025 made by the petitioner 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.
4. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondents, to consider the representation dated 13.06.2025 made by the petitioner on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner as well as respondents 4 to 6 and to any other interested parties/rival claimants, within a period of eight (8) weeks from the date of uploading of the web copy of the order without waiting for the receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.
5.
In the result, the writ petition stands disposed of with the above direction. No costs.
17.07.2025 2/5 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The Revenue Divisional Officer, Gengavalli Taluk, Salem District - 636 105.
The Tahsildar, Gengavalli Taluk, Salem District - 636 105.
The Sub Register, Thamampatti, Salem District - 636 105.
MOHAMMED SHAFFIQ, J.
veda 17.07.2025 3/5