Anbazhagan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Anbazhagan : Petitioner Vs.

1.The District Collector, Salem District, Salem.

2.The Tahsildar, Sankari Taluk, Salem District : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the 2nd respondent to consider the petitioner's Application No.2025/0105/08/586984 dated 14.03.2025 for sub division Patta transfer for a property comprised in S.Nos.31/1A, 32/14 and 32/16A, totally ad-measuring to an extent of 1 acre 29 cents situated at Kadikaval village, Sankari Taluk, Salem District.

For Petitioner : Mr.Aneesh Vinayak, E.

For Respondents : Mr.P.Sathish, Additional Government Pleader

ORDER

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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 second respondent to consider the petitioner's Application No.2025/0105/08/586984 dated 14.03.2025 for sub division Patta transfer for the property comprised in S.Nos.31/1A, 32/14 and 32/16A, totally ad-measuring an extent of 1 acre 29 cents situated at Kadikaval village, Sankari Taluk, Salem District.

3. It is the case of the petitioner that he submitted an application dated 14.03.2025 before the second respondent seeking sub division patta transfer in his name in respect of the subject property and paid appropriate fees. The said application was not considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.

4. At the outset, it was submitted by the learned Additional Government 2/5

Pleader for respondents that the application dated 14.03.2025, made by 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.

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 second respondent shall consider the application dated 14.03.2025, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and all other interested parties including rival claimants, if any. ii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the application and pass appropriate order in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act and Rules.

iii) The petitioner's application dated 14.03.2025 shall be disposed of within a period of twelve (12) weeks 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 3/5

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. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

18.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, Salem District, Salem.

2.The Tahsildar, Sankari Taluk, Salem District MOHAMMED SHAFFIQ, J.

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