Kareep Jisthi @ Syed Karim Alisha v. The District Collector,
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 20.06.2025
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR Kareep Jisthi @ Syed Karim Alisha ... Petitioner Vs
1. The District Collector, Office of the District Collector, Tirunelveli District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional, Tirunelveli District.
3. The Tahsildar, Office of the Tahsildar, Manur Taluk, Tirunelveli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to issue patta in connection with Survey No. 84B1B to an extent of 20 1⁄4 cents and 86 to an extent of 20 cents situated at Mavadi Village, Manur Taluk, Tirunelveli District by considering the petitioner's application No. 2025/0105/29/360881 dated 19.02.2025, within a time frame fixed by this Court.
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For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.M.Gangatharan, Govt. Advocate
O R D E R
The petitioner herein seeks a direction to the respondents to issue patta in respect of the property situate in Survey No.84B1B with an extent of 20 1⁄4 cents and Survey No.86 with an extent of 20 cents in Mavadi Village, Manur Taluk, Tirunelveli District, by considering his application No. 2025/0105/29/360881 dated 19.02.2025.
2. Heard the arguments of Mr.D.S.Haroon Rasheed, learned counsel for the petitioner and Mr.M.Gangatharan, learned Government Advocate, who takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. It is the case of the petitioner that the subject property was originally allotted to petitioner's great grandfather Haji Mohamed Abubackar Lebbai under a registered partition deed dated 02.09.1938 2/6
with an extent of 20 cents. He executed Hiba Confirmation Deed to the petitioner's father Mohamed Abubackar on 23.03.1968, settling the said property under Mohammedan Law. The petitioner's father Mohammed Abubackar, in turn, executed Hiba Confirmation Deed in favour of petitioner on 27.09.2009. Thus, the petitioner has been in possession and enjoyment of the subject property. Therefore, he submitted an application on 19.02.2025 before the respondents seeking subdivision of the property and issuance of separate patta in his name. The same has not been considered. Therefore, the petitioner has come before this Court.
4. The learned Government Advocate appearing for the respondents would submit that the application submitted by the petitioner will be considered in accordance with law.
5. It is seen from the revenue records produced by the petitioner, the patta for the subject property stands in the name of petitioner's great grandfather Haji Mohamed Abubackar and 9 others. Therefore, without expressing any opinion on the merits of the matter, this Court directs third respondent to consider the application submitted by the petitioner 3/6
dated 19.02.2025. The petitioner is also directed to submit the details of the legal heirs of the co-pattathars before the 3rd respondent within a period of two (2) weeks from the date of receipt of a copy of this order. On receipt of such details, the 3rd respondent shall verify the same and issue notice to the petitioner, his siblings and other co-pattathars in patta numbers.1439 and 885 and pass final orders on its own merits, within a period of sixteen (16) weeks thereafter.
6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
20.06.2025 vsm Index: Yes/No Internet: Yes/No 4/6
To
1. The District Collector, Office of the District Collector, Tirunelveli District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional, Tirunelveli District.
3. The Tahsildar, Office of the Tahsildar, Manur Taluk, Tirunelveli District.
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S.SOUNTHAR, J.
vsm W.P (MD) No.16694 of 2025 20.06.2025 6/6