Manigandan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ 1.Manigandan 2.Chakkarabani

...Petitioners

Versus

1.The Tahsildar, Polur Taluk, Tiruvannamalai District.

2.The Village Administrative Officer, Polur Taluk, Tiruvannamalai District.

3.The Head Surveyor, Polur Taluk, Tiruvannamalai 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 process the petitioners' Applications dated 18.03.2025 vide Application No.2025/0105/06/583463, Application No.2025/0105/06/609674 dated 01.07.2025 and consequently, direct the respondents to make subdivision of the lands comprised in Survey Nos.14/6, 12/4 and 28/1A situated at Kolavoor Village, Polur Taluk, Tiruvannamalai District and issue separate Pattas in favour of the petitioners within the time frame as may be fixed by this Court.

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For Petitioners :

Mr.K.V.Sajeevkumar For Respondents :

Mr.S.Balamurugan, Government Advocate

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 process the petitioners' Applications dated 18.03.2025 & 01.07.2025 and consequently, to direct the respondents to make subdivision of the lands comprised in Survey Nos.14/6, 12/4 and 28/1A situated at Kolavoor Village, Polur Taluk, Tiruvannamalai District (hereinafter referred to as "subject property") and issue separate Patta in favour of the petitioners, within a time frame as may be fixed by this Court.

3. At the outset, learned Government Advocate appearing for the respondents submitted that 1st respondent would consider the petitioners' Applications dated 18.03.2025 & 01.07.2025, within a time frame to be fixed by this Court.

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4. The above submission made by the learned Government Advocate 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 1st respondent shall consider the petitioners' Applications dated 18.03.2025 & 01.07.2025, after issuing notice and affording a reasonable opportunity of hearing to the petitioners and all other interested parties including rival claimants, if any.

(ii) 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 1st respondent shall independently consider the facts and law set out in the petitioners' Applications 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.

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(iii) The 1st respondent shall dispose of the petitioners' Applications dated 18.03.2025 & 01.07.2025, within a period of twelve weeks from the date of uploading of web copy of this order without waiting for the receipt of certified copy of this order.

(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 1st 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 To 1.The Tahsildar, Polur Taluk, Tiruvannamalai District.

2.The Village Administrative Officer, Polur Taluk, Tiruvannamalai District.

3.The Head Surveyor, Polur Taluk, Tiruvannamalai District.

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MOHAMMED SHAFFIQ, J.

mrr 19.08.2025 5/5