M.Subramanian v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI M.Subramanian .... Petitioner in both the writ petitions /Vs./ The Tahsildar, Kallikudi Taluk Office, Madurai District.

.... Respondent in both the writ petitions PRAYER in W.P(MD)No.7149 of 2025: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to issue separate patta by making sub division of the property in Survey No.121/12A, situated at Maruthangudi Village, Kallikudi Taluk, Madurai District on the basis of the petitioner's online application dated 16.12.2024 within the time stipulated by this Court. PRAYER in W.P(MD)No.7150 of 2025: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to issue separate patta by making sub division of the 1/5

property in Survey No.124/14, situated at Maruthangudi Village, Kallikudi Taluk, Madurai District on the basis of the petitioner's online application dated 16.12.2024 within the time stipulated by this Court. For Petitioner : Mr.B.Jameelarasu in both writ petitions For Respondents : Mr.M.Lingadurai in both writ petitions Special Government Pleader COMMON ORDER The petitioner seeks issuance of a Writ of Mandamus to direct the respondent to issue a separate patta after effecting subdivision. The petitioner has made an application on 16.12.2024 in this regard.

2. The learned Special Government Pleader appearing for the respondent would submit that the joint patta has been issued in respect of the petitioner and his siblings and one another 3rd party by name Velu Thevar. He would therefore, contend that if the petitioner is unable to produce any consent affidavit from the other co-pattadhars, then the authorities will have to issue notice to all the interested parties and hear their objections before undertaking the exercise of subdivision and thereafter, considering the application for issuance of patta in respect of S.No.121/12A and 121/14.

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3. Considering the apprehension of the learned Special Government Pleader, the writ petitions are disposed of with a direction to the respondent to conduct an enquiry after issuing notice to all the pattadhars and in the event of there being consent amongst the pattadhars, the Tahsildar shall proceed to conduct a survey and thereafter, issue separate patta to the petitioner. However, in the event of there being any objection by the other co-pattadhars, then the respondent is entitled to reject the petitioner's application and requiring the petitioner to produce acceptable deed of partition or a decree from a competent Civil Court. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, these writ petitions are disposed of. No costs.

Index : Yes / No NCC : Yes / No 17.03.2025 am 3/5

To The Tahsildar, Kallikudi Taluk Office, Madurai District.

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P.B. BALAJI , J.

am Order made in Dated:

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