P.V.Amala v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.42397 of 2025 P.V.Amala ... Petitioner -Vs1. The Thasildar, Kariyamangalam Taluk, Dharmapuri District.

2. The Head Surveyor, Kariyamangalam Taluk, Dharmapuri District.

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the Rejection Order dated 23.04.2025 passed by the first Respondent in Application No.2025/0105/05/334700 and quash the same, consequently, direct the first respondent to issue Sub-Division Patta based on the Application No.2025/0105/05/334700 dated 13.03.2025.

For Petitioner : Mr.R.Karthik For Respondents : Mr.P.Ganesan Government Advocate

O RDER This Writ Petition has been filed challenging the order dated 23.04.2025 passed by the first respondent, thereby rejecting the application seeking patta for the land comprised in S.No.564/1B2A1, situated at Karimangalam (036) Village, Dharmapuri District.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner's father purchased the property in Old Survey No.564/1 and New Survey No.564/1B2A1, to an extent of 2178 sq.ft, by the registered sale deed dated 11.06.1997 vide Document No.452 of 1997. He was issued Joint Patta No.143. Since the total extent of the land was not sub-divided, the petitioner's father submitted an application before the first respondent seeking sub-division and separate patta on 29.08.2024. However, it was rejected, on the ground that the petitioner's father did not appear for field inspection. Once again, the petitioner's father submitted an application and it was also rejected for the reason the petitioner's father is not in enjoyment of the subject property. Thereafter, the subject property was settled in favour of the petitioner and the petitioner applied for sub-division and issuance of separate patta. Now, the

application was rejected, on the ground that the extent of the property differs from the document and the field.

4. A perusal of the order impugned in this writ petition revealed that the survey was conducted by the Village Administrative Officer. The Village Administrative Officer is not authorized to survey the property. The second respondent alone is authorized to survey the property. Further, the learned counsel for the petitioner would submit that no one visited the property to survey the land.

5. Therefore, the impugned order cannot be sustained and is liable to be quashed. Accordingly, the Rejection Order in Application No.2025/0105/05/334700 dated 23.04.2025 passed by the first respondent, is hereby quashed. The second respondent is directed to survey the subject property and submit a report, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to consider the application submitted by the petitioner for sub-division and issuance of separate patta in respect of the land comprised in S.No.564/1B2A1 situated at Karimangalam (036) Village, Dharmapuri District,

within a period of two weeks thereafter.

6. Accordingly, this writ petition stands allowed. Consequently, connected Miscellaneous petition is closed. No costs. 09.10.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. The Thasildar, Kariyamangalam Taluk, Dharmapuri District.

2. The Head Surveyor, Kariyamangalam Taluk, Dharmapuri District.

G.K.ILANTHIRAIYAN. J, mn 09.10.2025