R.Moorthy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.R.Moorthy 2.R.Thirunavukarasu

...Petitioners

Versus

1.The District Collector, Erode District.

2.The District Revenue Officer, Erode District.

3.The Revenue Divisional Officer, Gobichettipalayam Division, Erode District.

4.The Tahsildar, Sathyamangalam Taluk, Erode District.

5.The Taluk Head Surveyor, Sathyamangalam Taluk, Erode District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to take action on the petitioners' Representation dated 16.06.2025 and 21.07.2025 submitted with regard to survey the petitioner's purchased the 1/6

agriculture land properties comprised in No.156/1, an total extent of Acre 1.061⁄4 Cents (Hectares 0.43.00) vide Patta No.3116, in Nallur Village, Sathyamangalam Taluk, Erode District, through registered Sale Deed dated 28.09.2024 in Document No.6509 of 2024 at SRO, Punjai Puliampatti, land by metes and bounds.

For Petitioners :

Ms.M.Jayanthi 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 to take action on the petitioners' Representations dated 16.06.2025 and 21.07.2025 seeking to survey the agricultural lands comprised in S.No.156/1, measuring an extent of Acre 1.061⁄4 Cents (Hectares 0.43.00) situated at Nallur Village, Sathyamangalam Taluk, Erode District which was registered as Sale Deed Document No.6509 of 2024 dated 28.09.2024 on the file of Sub Registrar Office, Punjai Puliampatti (hereinafter referred to as "subject property"), by metes and bounds. 2/6

3. At the outset, the learned Special Government Pleader appearing for the respondents submitted that the respondents would consider the Applications dated 16.06.2025 & 21.07.2025 submitted by 1st petitioner, within a time frame to be fixed by this Court.

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

5. In view of the limited relief sought by the petitioners, this Court is inclined to dispose of this Writ Petition on the following terms: (i) The respondents shall consider the 1st petitioner's Applications dated 16.06.2025 & 21.07.2025, in accordance with law, after issuing notice and affording a reasonable opportunity of hearing to the petitioners, adjacent land owners and all other interested parties including rival claimants, if any, within a period of twelve weeks from the date of uploading of the web copy of this order without waiting for the receipt of a certified copy of this order.

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(ii) Though facts have been set out extensively in the affidavit, I do not propose to deal with it while leaving it open to the respondents to call for any document/conduct enquiry to satisfy themselves of the petitioners' entitlement for requesting survey of subject lands. (iii) The concerned respondent shall independently consider the facts and law set out in the 1st petitioner's Online Application dated 16.06.2025 for Sub Division Patta Transfer 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 concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioners and all other interested parties are left open. No costs.

19.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 4/6

To 1.The District Collector, Erode District.

2.The District Revenue Officer, Erode District.

3.The Revenue Divisional Officer, Gobichettipalayam Division, Erode District.

4.The Tahsildar, Sathyamangalam Taluk, Erode District.

5.The Taluk Head Surveyor, Sathyamangalam Taluk, Erode District.

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MOHAMMED SHAFFIQ, J.

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