R.Suresh v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Suresh ... Petitioner -Vs1. The Tahsildar, Kurulnallipalayam Village, Kinaththukadavu Taluk,

2. The Inspector (Land Survey), Divisional Inspector Office, Kinaththukadavu,

3. K.Rengasamy Gounder

4. R.Anadaraj

5. R.Sundarraj

6. Aththammal

7. Nanjappan

8. Ramakrishnamurthy

9. Gopalakrishnan

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order vide Na.Ka.No.970/2024/S2 dated 28.06.2024 passed by the first respondent and quash the same and consequently direct the first respondent to survey the land in Survey No.256 situated at

Kurunallipalayam Village, Kinathukadavu Taluk, Coimbatore District measuring about 2.02 acre.

For Petitioner : Mr.B.Thirumalai For R1 and R2 : Mr.S.Rajesh Government Advocate For R3 to R9 : No appearance O RDER This Writ Petition has been filed challenging the order passed by the first respondent dated 28.06.2024, thereby rejecting the request made by the petitioner for surveying the property comprised in Survey No.256 ad-measuring 2.02 acre, situated at Kurunallipalayam Village, Kinathukadavu Taluk,

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 and 2 and perused the materials available on record. There is no representation on behalf of the respondents 3 to 9 herein.

3. The petitioner and his brother had jointly purchased the property comprised in S.No.256, ad-measuring 2.02 acre, situated at Kurunallipalayam Village, Kinathukadavu Taluk, Coimbatore District by the registered sale deed dated 27.01.2021 vide Document No.280 of 2021. The petitioner's vendors had

absolute title over the property by way of a partition deed vide Document No.915 of 2003. While being so, the petitioner submitted a petition for transfer of patta and also for sub-division patta. The said request was rejected, on the ground that the respondents 3 to 9 herein is objecting the same.

4. A perusal of records and on the submissions made by the learned Government Advocate appearing for the respondents 1 and 2 herein revealed that as per the sale deed, the petitioner and his brother had title over the property comprised in S.No.256 ad-measuring 2.02 acre, situated at Kurunallipalayam Village, Kinathukadavu Taluk, Coimbatore District. However, the respondents 3 to 9 herein failed to produce any document to raise objections for sub-division patta for the subject property. Further, the property comprised in S.Nos.254 and 255 are not connected with the property purchased by the petitioner.

5. In view of the above, the order passed by the first respondent cannot be sustained and is liable to be quashed. Accordingly, the order passed by the first respondent vide Na.Ka.No.970/2024/S2 dated 28.06.2024 is hereby quashed.

6. The first respondent is directed to engage a surveyor to survey the subject property for sub-division as per the sale deed dated 27.01.2021 and transfer the sub-division patta in favour of the petitioner and his brother in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear, that if the surveyor finds any difficulty or hindrance from any third party while surveying the petitioner's property, he can very well approach the concerned jurisdictional police to seek police aid. On receipt of the same, the concerned jurisdictional police shall provide adequate police protection to conduct survey on the petitioner's property.

7. Accordingly, this writ petition stands allowed. No costs. 17.10.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. The Tahsildar, Kurulnallipalayam Village, Kinaththukadavu Taluk,

2. The Inspector (Land Survey), Divisional Inspector Office, Kinaththukadavu,

G.K.ILANTHIRAIYAN. J, mn 17.10.2025