Madras High CourtWP(MD)/11861/2025disposed of

P.Vellaisamy v. The Tahsildar

2025-04-25Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI P.Vellaisamy ... Petitioner Vs.

1. The Tahsildar, Vadipatti Taluk, Madurai District.

2. The Taluk Surveyor, Vadipatti Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to sub divide the lands in Survey No.71/2, measuring hectare 0.15.5 (38 cents) and 71/3B3 in western portion of northern side measuring hectare 0.01.5(4 cents) out of hectare 0.37.0 total extent 42 cents situated at Praipatti Village, Vadipatti Taluk, Madurai District after conducting survey and demarcation and issue separate patta in the petitioner's name based on his online applications dated 30.01.2025 and 10.03.2025.

For Petitioner :

Mr.M.Maran 1/4

For Respondents :

Mrs.K.Malathi Additional Government Pleader

O R D E R

The petitioner seeks issuance of writ of mandamus to direct the respondents to subdivide the lands in Survey No.71/2.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. The petitioner has purchased the property under a registered sale deed, dated 17.12.1997 from one Palraj. The petitioner has sought for survey and subdivision and made applications online on 30.01.2025 and 10.03.2025. The petitioner seeks disposal of the said survey and subdivision applications.

4. The learned Additional Government Pleader would submit that the patta has been mutated in the name of Rajendran and 7 others, one of whom is the petitioner's vendor. She would therefore submit that without the consent of other joint owners, subdivision cannot be effected. She also has instructions to state that the other joint owners have already objected to the exercise of 2/4

subdivision.

5. In view of the above, the petitioner is at liberty to work out his remedy before the competent Civil Court by way of filing a suit for partition and separate possession.

6. Recording the same, this Writ Petition stands disposed of. No costs. 25.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1. The Tahsildar, Vadipatti Taluk, Madurai District.

2. The Taluk Surveyor, Vadipatti Taluk, Madurai District.

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P.B.BALAJI , J.

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