Sundararajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sundararajan

...Petitioner

Versus

1.The District Collector, Collector Office, 2.The Revenue Divisional Officer, Thalaivasal Taluk, 3.The Tahsildar, Thalaivasal Taluk, 4.The Surveyor, Manivilundan Village, Thalaivasal Taluk,

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 3 to 4 to survey the land and sub division in Survey Nos.289/1, 289/2 situated at Manivilundan Village, Thalaivasal Taluk, Salem District. For Petitioner :

Mr.M.Manohar 1/6

For Respondents :

Mr.A.Selvendran, Special Government Pleader

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 relief sought in this writ petition is to direct the respondents 3 & 4 to survey the land and sub divide the land comprised in Survey Nos.289/1 & 289/2 situated at Manivilundan Village, Thalaivasal Taluk, 3.

Mr.M.Manohar, learned counsel for the petitioner submitted that the petitioner made an Application dated 28.03.2025 before the 3rd respondent for sub-division Patta Transfer in respect of the property comprised in S.Nos.289/1 & 289/2 situated at Manivilundan Village, Thalaivasal Taluk, Salem District and also paid necessary fees for the same, but, his Application has been kept in abeyance.

4. Mr.A.Selvendran, learned Special Government Pleader appearing 2/6

for the respondents submitted that the respondents 3 & 4 would consider the petitioner's Application dated 28.03.2025, within a time frame to be fixed by this Court.

5. The above submission made by the learned Special Government Pleader for the respondents has been fairly conceded by the learned counsel for the petitioner.

6. In view of the limited relief sought by the petitioner, this Court is inclined to dispose of this Writ Petition with the following directions: (i) The 3rd respondent shall consider the petitioner's Application dated 28.03.2025 for sub-division Patta transfer, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and all other interested parties including rival claimants, if any, within a period of eight weeks from the date of uploading of web copy of this order without waiting for the receipt of certified copy of this order.

(ii) As far as survey of subject property, no application has been made by the petitioner. Therefore, it is open to the petitioner to submit an online application before the concerned respondent. If any such application is 3/6

submitted, 3rd respondent is directed to conduct survey and complete the process within a period of 8 weeks from the date of petitioner's application if in order, after issuing notice to the petitioner, adjacent land owners and any other interested parties including rival claimants if any. (iii) 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 3rd respondent shall independently consider the facts and law set out in the petitioner's Application and pass appropriate orders, in accordance with law including but not limited to the provisions of the Tamil Nadu Patta Pass Book Act, 1983 and Tamil Nadu Patta Pass Book Rules, 1987.

(iv) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the 3rd 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.

01.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 4/6

To 1.The District Collector, Collector Office, 2.The Revenue Divisional Officer, Thalaivasal Taluk, Salem District.

3.The Tahsildar, Thalaivasal Taluk, Salem District.

4.The Surveyor, Manivilundan Village, Thalaivasal Taluk, 5/6

MOHAMMED SHAFFIQ, J.

mrr 01.08.2025 6/6