T. Pandian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR T.Pandian ... Petitioner .Vs.

1.The District Collector, Office of the District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Tenkasi District.

3.The Tahsildar, Taluk Office, Kadayanallur Village, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 2 and 3 to sub divide the Petitioner's property comprised in S.No.88/1 ad-measuring 85 cents in Joint Patta No.4574 situated at Marathupatti Village, Kadayanallur Taluk, Tenkasi District, thereby issue separate patta in the Petitioner's name based on the Petitioner's representation, dated 1/6

10.5.2025 through registered post, within the time limit stipulated by this Court.

For Petitioner : Mr.K.Sankar For Respondents : Mr.M.Gangatharan 1 to 3 Govt. Advocate

O R D E R

The Petitioner herein seeks a direction to the respondents 2 and 3 to sub-divide 85 cents of land gifted to him by his father in S.No.88/1 in Joint Patta No.4574 situated at Marathupatti Village, Kadayanallur Taluk, Tenkasi District by considering his representation, dated 10.5.2025.

2.Mr.M.Gangatharan, learned Government Advocate takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the Petitioner, the property with an extent of 2 acre and 60 cents situated in S.No.88/1 in Joint Patta No.4574 at Marathupatti Village, Kadayanallur Taluk, Tenkasi District is the ancestral property of the Petitioner's family. His father is entitled to 1/3rd share in the said property along with his two 2/6

brothers. According to the Petitioner, there was a oral partition between the father of the Petitioner and his siblings and 85 cents of land in the above said survey number was allotted to the Petitioner's father. Subsequently, his father settled 85 cents of land in favour of the Petitioner under Settlement Deed, dated 13.12.2010. Based on the said document, the Petitioner submitted an online application before the respondents seeking sub-division of the property settled in his favour. Patta for the subject property stands in the name of 7 persons including the Petitioner. The representation submitted by the Petitioner has not been considered till date. Hence the Petitioner has come before this Court with the present Writ Petition for the relief stated supra. 4.Mr.M.Gangatharan, learned Government Advocate, who takes notice for the respondents 1 to 3 would submit that the representation submitted by the Petitioner, dated 10.05.2025 will be considered on its own merits within the time stipulated by this Court.

5.In view of the same, without expressing any opinion on the merits of the claim made by the Petitioner, the third respondent is directed to consider the representation of the Petitioner, dated 10.5.2025 and pass orders on its own merits after issuing notice to 3/6

the Petitioner and other co-pattadhars in patta No.4574, within a period of 12 weeks from the date of a copy of this order. 6.With the above direction, the Writ Petition stands disposed of. No costs.

20.06.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Office of the District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Tenkasi District.

3.The Tahsildar, Taluk Office, Kadayanallur Village, Tenkasi District.

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S.SOUNTHAR.,J.

vsn ORDER MADE IN 5/6

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