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Madras High CourtWP/35307/2025disposed of

S.Deepikasaranya v. The District Collector

2025-09-17Honourable Mr Justice Krishnan Ramasamy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY AND WMP NO. 39520 OF 2025 1.S.Deepikasaranya, D/o. M Shanmugam, No.1/108 West Street, Avinash Road, Nilambur, Coimbatore 641 062.

2.S.Devaprakash, S/o. M.S.Hanmugam, No.1/108 West Street, Avinash Road, Nilambur, Coimbatore 641 062.

Petitioner(s) Vs 1.The District Collector, Coimbatore District, Coimbatore.

2.Revenue Divisional Officer, Coimbatore South, Coimbatore 641 018.

3.The Assistnat Director Of Survey And land Records Department, Coimbatore 641 018.

4.Tahshildar, Sulur, Coimabtore 641 402.

Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, to direct the respondents 2 to 4 to comply with the order of the 1 st respondent made in O.Mu.No.

2506425/2024/E1 dated 09.10.2024 by cancelling the joint patta bearing No.2167 and granting separate patta in favour of the petitioners for their property admeasuring 1140 Sq ft in old S.No. 755/1 new S.No.969/11, Neelambur village Sulur Taluk, Coimbatore District, covered under settlement deed doc No.19869/2023 SRO Sulur, after conducting a re-survey of the land covered under partition deed Doc No.1454/1965 SRO Sulur, within a time frame may be fixed by this Court.

For Petitioners:

Mr.K.Sridhar For Respondents:

Mr.D.Ravichander Special Government Pleader

ORDER

This writ petition has been filed by the petitioner seeking to direct the respondents 2 to 4 to comply with the order of the 1 st respondent made in

O.Mu.No.2506425/2024/E1 dated 09.10.2024 by cancelling the joint patta bearing No.2167 and granting separate patta in favour of the petitioners for their property admeasuring 1140 Sq ft in old S.No. 755/1 new S.No.969/11, Neelambur village Sulur Taluk, Coimbatore District, covered under settlement deed doc No.19869/2023 SRO Sulur, after conducting a re-survey of the land covered under partition deed Doc No.1454/1965 SRO Sulur. 2.Mr.D.Ravichander, learned Special Government Pleader takes notice on behalf of the respondents. By consent of both the parties, the main writ petition is taken up for disposal at the admission stage itself. 3.Learned counsel for the petitioner would submit that the petitioners made a representation dated 13.08.2024 to the Zonal Deputy Tahsildar and Tahsildar for cancellation of Joint Patta issued by the 4 th respondent on 13.08.2024 and to grant separate patta in the favour of the petitioners. Thereafter on 23.09.2024, the petitioner gave a representation before the 1 st respondent in this regard. Considering the representation of the petitioners dated

13.08.2024, the 1 st respondent directed the respondents 2 to 4 to conduct resurvey and grant separate patta in favour of the petitioners vide proceedings dated 09.10.2024. However, till date, the respondents 2 to 4 have not taken any steps to comply the order of the 1 st respondent dated 09.10.2024. Hence, the present writ petition has been filed.

4.Learned Special Government Pleader appearing for the respondents after getting instruction from the Officials of the respondents 2 to 4 would submit that in the present case, there is dispute among other parties for issuance of separate patta to the petitioners and therefore, after issuing notice to the other parties concerned, appropriate orders will be passed. 5.Heard the learned counsel for the petitioner as well as the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

6.Considering the submissions made by the either parties, it is evident that the petitioners have made a representations on 13.08.2024 and 23.09.2024 for issuance of separate patta. However, according to the respondents 2 to 4, some third parties are making objection for issuance of separate patta. Taking note of the facts and circumstances of the case, this Court directs the respondents 2 to 4 to consider the representations of the petitioner by issuing notice to the parties concerned and dispose of the same on merits and in accordance with law, after affording an opportunity of personal hearing to all the parties concerned. Such exercise shall be done by the respondents 2 to 4, within a period of four weeks from the date of receipt of a copy of this order. 7.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 17-09-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector, Coimbatore District, Coimbatore.

2.Revenue Divisional Officer, Coimbatore South, Coimbatore 641 018.

3.The Assistant Director Of Survey And land Records Department, Coimbatore 641 018.

4.Tahshildar, Sulur, Coimabtore 641 402.

KRISHNAN RAMASAMY J.

rst AND WMP NO. 39520 OF 2025 17-09-2025