K.Chandrasekaran v. Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Chandrasekaran Petitioner(s) vs.

1.The Tahsildar, Sathyamangalam, Erode District.

2.Kumararavikumar Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the first respondent to survey and make sub-division as per the decree dated 08.01.2025 passed by this Court in S.A.No.91 of 2018 by considering the petitioner's online application No.2025/0178/10/000011 dated 14.02.2025 filed before the first respondent. For Petitioner(s) : Mr.J.Titus Enock For Respondent(s) : Mr.S.Jayachandran Government Advocate for R1 1/5

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed, notice to the second respondent is dispensed with.

2. The present writ petition is filed praying for a writ of Mandamus to direct the first respondent to survey and sub-divide the property situated in S.Nos.20/1 and 20/3A1, Sathyamangalam Taluk, Erode District, as per the decree dated 08.01.2025 passed in S.A.No.91 of 2018 by this Court, by considering the online application dated 14.02.2025.

3. It is the case of the petitioner that the petitioner was allotted C Schedule property and one acre in A Schedule Property vide registered Partition Deed dated 18.06.1983 executed between the family members and the recitals in the partition deed were disputed by one of the family members, namely, the second respondent herein and therefore, petitioner filed a suit O.S.No.207 of 2013 before the District Munsif Court, Sathyamangalam and the suit was decreed on 17.10.2016. Aggrieved over the same, second respondent filed A.S.No.9 of 2017 before the Subordinate Court, Sathyamangalam and it was dismissed on 20.10.2017, against which, he preferred S.A.No.91 of 2018 before 2/5

this Court and the same was also dismissed. Thereafter, the petitioner has made an online application dated 14.02.2025 before the first respondent seeking survey and sub-division of the subject property as per the decree dated 08.01.2025 passed by this Court in S.A.No.91 of 2018 and has also paid the appropriate fees, however, the application is stated to be kept pending. Hence, the petitioner has approached this Court.

4. At the outset, it is submitted by Mr.S.Jayachandran, learned Government Advocate for first respondent that the above application submitted 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.

5. In considering the online application dated 14.02.2025, it is open to the first respondent to call for any documents/ evidence to satisfy itself of petitioner's entitlement to seek survey and sub-divide the subject property and proceed to pass appropriate orders in accordance with law, after putting a notice petitioner, second respondent and any other interested parties, if any, within a period of 8 weeks from the date of uploading of web copy without waiting for receipt of certified copy. It is made clear that this Court has not expressed any 3/5

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.

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

29.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No ssb To:

The Tahsildar, Sathyamangalam, Erode District.

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MOHAMMED SHAFFIQ, J.

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