Mr.A.Rajan v. The Tahsildar

In the High Court of Judicature at Madras Dated : 02.12.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.35832 of 2024 Mr.A.Rajan

...Petitioner

Vs 1.The Tahsildar, Veppanthattai Taluk Office, Perambalur District.

2.The Sub-Inspector of Police, Kailalathur Police Station, Veppanthattai Taluk, Perambalur District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to sub-divide the property and issue a separate patta to the petitioner's agriculture land comprised in survey No.33/5, Patta No.402 as per the partition deed dated 18.10.2021 and document No.3232 of 2021 on the file of the Sub-Registrar, Veppanthattai situated at Nuthappur Village & Post, Veppanthattai Taluk, Perambalur District by passing order based on the petitioner's representation and online payment e-challan dated 15.3.2023. 1/5

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For Petitioner :

Mr.T.Velu For R1 :

Mr.S.Jayachandran, GA For R2 :

Mr.R.Vinoth Raja, GA

ORDER

The petitioner, who acquired an agricultural land comprised in Survey No.33/5, Patta No.402, Nuthappur Village & Post, Veppanthattai Taluk, Perambalur District, pursuant to a partition deed dated 18.10.2021 registered as doc.No.3232 of 2021 on the file of the Sub-Registrar, Veppanthattai, made an online application on 15.3.2023 to the first respondent after making necessary fees to subdivide the said property and issue a separate patta to him. However, the said application has not been inquired into to date. He also sent a representation dated 20.9.2024 to the second respondent seeking to take action against the joint pattadhars for disturbing his possession and enjoyment in the said property. As it did not evoke any response, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the respective learned Government Advocate accepting notice for the respondents.

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3. Considering the limited nature of the prayer sought, the writ petition is allowed and a Mandamus is issued to the first respondent to consider the online application of the petitioner dated 15.3.2023 for subdividing the said property and issue a separate patta. The petitioner shall submit all the relevant records to show his title to the said property and the first respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, pass orders either subdividing the property or rejecting the request. In the case of rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 6 weeks from the date of receipt of a copy of this order. No costs. 02.12.2024 To 1.The Tahsildar, Veppanthattai Taluk Office, Perambalur District.

2.The Sub-Inspector of Police, Kailalathur Police Station, Veppanthattai Taluk, Perambalur District.

RS 4/5

P.T.ASHA,J RS 02.12.2024 5/5