Solomonraja v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Solomonraja ... Petitioner Vs.

1.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

2.The Tahsildar, Vilathikulam Taluk, 3.The Village Administrative Officer, Vembar Village, Vilathikulam Taluk, ... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to issue separate patta in the petitioner's name in respect of the property comprised in Survey No.151/4 to an extent of 53 cents situated at Vembar Village, Vilathikulam Taluk, Thoothukudi District by disposing

the first respondent proceedings in Na.Ka.No.A2/9222/2023 dated 12.12.2023 within the time frame that may be fixed by this Court. For Petitioner : Mr.P.Thangam For R1 & R2 : Mrs.K.Malathi Additional Government Pleader

ORDER

The petitioner herein seeks a direction to the respondents to issue separate patta to his favour in respect of property situated at S.No.151/4 to an extent of 53 cents, Vembar Village, Vilathikulam Taluk,

2. Heard the arguments of Mr.P.Thangam, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader, who takes notice on behalf of the respondents.

3. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

4. According to the petitioner, his grandfather owned 1 acre 58 cents of land in the aforementioned survey number. A portion of the property owned by the petitioner's grandfather was sold to the third parties. Therefore, the petitioner's family has been in possession and enjoyment of 53 cents only in the said survey number. After death of the petitioner's grandfather and father, the name of the petitioner's grandfather was deleted from the joint patta and neighboring land' owner attempted to grab the property of the petitioner's family. Hence, the petitioner submitted an application before the District Collector on 31.07.2023 seeking issuance of separate patta in his name. The District Collector forwarded the same to the first respondent. The first respondent in turn in his proceedings Na.Ka.No.A2/9222/2023, dated 12.12.2023 call for report from the second respondent regarding the request made by the petitioner for issuance of separate patta. Thereafter, there is no progress and hence, the petitioner approached this Court with the aforementioned prayer.

5. Mrs.K.Malathi, learned Additional Government Pleader, who takes notice on behalf of the respondents, would submit that the request made by the petitioner for issuance of separate patta will be considered on its own merits, within a time stipulated by this Court.

6. In view of the same, without expressing any opinion on the merits of the claim made by the petitioner, this Court directs the second respondent to submit a report before the first respondent within a period of four weeks from the date of receipt of a copy of this order. The first respondent shall consider the application submitted by the petitioner dated 31.072023 and pass final orders on its merits, within further period of eight weeks.

7. Accordingly, this Writ Petition is disposed of. No costs. 11.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No Rmk

To 1.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

2.The Tahsildar, Vilathikulam Taluk, 3.The Village Administrative Officer, Vembar Village, Vilathikulam Taluk,

S.SOUNTHAR ,J Rmk W.P.(MD)No.15686 of 2025 Dated: 11.06.2025