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Madras High CourtWP(MD)/13065/2025allowed

S.Subramaniyan v. The Revenue Divisional Officer,

2025-04-30Honourable Mr Justice P.B. Balaji4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI S.Subramaniyan ... Petitioner Vs.

1.The Revenue Divisional Officer, Kadayanallur Taluk, Tenkasi District.

2.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to process the petitioner's application in Application No.2025/0154/34/002896 dated 12.04.2025 and grant full field patta including sub division in Survey No.296 measuring to and extent of 48 square meters in Melkadayanallur, Kadayanallur Taluk, Tenkasi District based on the Judgment dated 28.10.2010 in O.S.No.751 of 2004 on the file of the learned Additional District Munsif Court, Tenkasi. For Petitioner :

Mr.T.Antony Arulraj For Respondents :

Mr.M.Lingadurai Government Advocate 1/4

O R D E R

The petitioner seeks direction to the 2nd respondent to process the petitioner's application, dated 12.04.2025 for issuance of full field patta after effecting subdivision.

2. The petitioner's claim for subdivision and patta is based on a judgment and decree, dated 28.10.2010 in O.S.No.751 of 2004 which has become final before this Court in S.A(MD)No.505 of 2013 in judgment and decree, datd 24.08.2022.

3. In view of the of the lis attaining finality before the High Court, there can be no impediment for the authorities to consider the petitioner's application in the light of the findings of the competent Civil Court. In view of the above, this writ petition is allowed, directing the 2nd respondent to enquire into the petitioner's application, after giving a fair opportunity to the petitioner and pass final orders, within a period of twelve (12) weeks from the date of receipt of copy of this order.

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4. With the above directions, this Writ Petition stands disposed of. No costs.

30.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1.The Revenue Divisional Officer, Kadayanallur Taluk, Tenkasi District.

2.The Tahsildar, Kadayanallur Taluk, Tenkasi District.

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P.B.BALAJI , J.

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