B.Rajagopal v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ B.Rajagopal ... Petitioner Vs.

The Tahsildar, Pappireddipatti Taluk, Dharmapuri District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to issue separate patta in favour of the petitioner in Survey Nos.95/2A, 95/2C, 95/2D and 95/3 in the existing patta No.475, and 720 situated at Kukkalmalai Village, Dharmapuri Taluk and District.

For Petitioner : Mr.J.Pradeep For Respondent : 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. 1/5

2. The present writ petition is filed praying for a writ of mandamus, to direct the respondent to issue separate patta in favour of the petitioner in Survey Nos.95/2A, 95/2C, 95/2D and 95/3 in the existing patta No.475, and 720 situated at Kukkalmalai Village, Dharmapuri Taluk and District based on the petitioner application dated 14.07.2025.

3. It is submitted by the learned counsel for the petitioner that, the petitioner had filed a suit for partition in O.S.No.44/2008 on the file of District Munsif, Dharmapuri. The suit was decreed on 17.10.2014. The petitioner applied for issuance of separate patta in his favour vide application Number is 2025/0105/05/356025 dated 14.07.2025. However, the respondent has not taken any steps for patta transfer. Therefore, the petitioner has filed the present writ petition seeking the aforesaid prayer.

4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader appearing for the respondent that the 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 is agreed to by the learned counsel for petitioner.

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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 respondent authority shall consider the representation, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, respondent and all other interested parties including rival claimants, if any. (ii) Though facts have been set out in affidavit and narrated above, 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.

iii)The authority shall independently consider the facts 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. iv) The petitioner's application dated 14.07.2025 shall be disposed of by the respondent within a period of eight weeks from the date of uploading of web copy without waiting for the receipt of certified copy. v) 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 concerned respondent to consider 3/5

the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties left open. No costs.

01.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mpa To:

The Tahsildar, Pappireddipatti Taluk, Dharmapuri District.

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MOHAMMED SHAFFIQ, J.

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