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Madras High CourtWP/29448/2025disposed of

Saravanan v. The Tahsildar

2025-08-12Honourable Mr.Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Saravanan Petitioner(s) Vs 1.The Tahsildar, Vellore Taluk, Vellore District.

2.Zonal Deputy Tahsildar, Virupakshipuram Village, Vellore Taluk, Vellore District.

3.Village Administrative Officer, Virupatchipuram Village, Vellore, Tamil Nadu-632 002.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to consider the application of the petitioner dated 13.06.2025.

For Petitioner(s) : Ms.Kaviya Sri For Respondent(s) : Mr.A.Selvendran Special Government Pleader 1/5

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 present writ petition is filed praying for a writ of Mandamus to consider the application of the petitioner dated 13.06.2025.

3. It is submitted by the learned counsel for petitioner that petitioner submitted a representation on 13.06.2025 seeking transfer of patta in respect of the properties comprised in Survey Nos.442/3, 442/2, 443/6, 443/7, 445,444, 446/1, 446/2, 446/3, 516/1, 556/3, 558/3A, 558/3B, 565/1A1, 565/2A, 450 and 439/2. It is stated that the same has been kept pending. Aggrieved, petitioner has filed the present writ petition.

4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents that a partition Suit in O.S.No.118 of 2024 is pending in respect of the subject properties. 4.1. Learned Special Government Pleader would submit that in view of Rule 4(4) of the Patta Pass Book Rules, there may be some difficulty in sustaining the request of the petitioner. He would however submit that 2/5

petitioner's request for issuance of joint patta would be considered and appropriate orders would be passed in accordance with law after affording reasonable opportunity of hearing to the petitioner and other interested parties.

5. Learned counsel for petitioner would submit that as a matter of fact No Objection Affidavit has also been obtained from the parties to the partition suit. To which, learned Special Government Pleader for respondents would submit that during the course of enquiry, it is always open to the petitioner to explain as to how pendency of Suit may not be a bar.

6. Recording the same, the writ petition stands disposed of. No costs. 12.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/5

To:

1.The Tahsildar, Vellore Taluk, Vellore District.

2.Zonal Deputy Tahsildar, Virupakshipuram Village, Vellore Taluk, Vellore District.

3.Village Administrative Officer, Virupatchipuram Village, Vellore, Tamil Nadu-632 002.

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MOHAMMED SHAFFIQ, J.

mka 12.08.2025 5/5