← Library
Madras High CourtWP/26470/2025disposed of

D.Chinnappan v. The Tahsildar,

2025-07-28Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ D.Chinnappan Petitioner(s) Vs 1.The Tahsildar, Tahsildar Office, Pochampalli Taluk, Krishnagiri District.

2.The Head Surveyor, Pochampalli Taluk, Krishnagiri District.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st respondent to issue sub division patta for the petitioners land comprised in Village S.No.158, 159 and 331 at parandapalli, Pochampalli, Krishnagiri district considering the representation dated 06/06/2025.

For Petitioner(s) : Mr.M.Vignesh 1/6

For Respondent(s) : Mr.S.Balamurugan Government Advocate

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 directing the 1st respondent to issue sub-division patta for the land comprised in S.No.158, 159 and 331, situated at Parandapalli, Pochampalli, Krishnagiri District.

3. It is submitted by the learned counsel for petitioner that petitioner along with his family members are in possession and enjoyment of the subject property. It is stated that petitioner submitted a representation on 06.06.2025 for issuance of sub-division patta in respect of the subject property, however the same is stated to be kept pending. Aggrieved, petitioner has come before this Court.

4. At the outset, it is submitted by Mr.S.Balamurugan learned Government Advocate for respondents that they would consider the petitioner's representation 2/6

dated 06.06.2025 for sub-division patta and pass appropriate orders after issuing notice to the petitioner, his family members and other interested parties and after affording them a reasonable opportunity of hearing, within a time frame to be fixed by this Court.

5. In view thereof, the writ petition stands disposed of with the following directions:

i) The respondent shall consider the representation dated 06.06.2025, 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 representation 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 representation dated 06.06.2025 shall be disposed of within a period of 12 weeks from the date of uploading of web copy without waiting for receipt of certified copy.

iv) It is made clear that this Court has not expressed any views with regard 3/6

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. No costs. 28.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

To:

1.The Tahsildar, Tahsildar Office, Pochampalli Taluk, Krishnagiri District.

2.The Head Surveyor, Pochampalli Taluk, Krishnagiri District.

5/6

MOHAMMED SHAFFIQ, J.

mka 28.07.2025 6/6