Ganesanpillai v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR Ganesan Pillai ... Petitioner .vs.

1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sivagangai District.

2.The Tahsildar, Thiruppuvanam Taluk, Sivagangai 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 second respondent to issue separate patta in connection with S.No.80/3B1 to an extent of 5 1⁄4 cents situated at Thiruppachetty North Village, Thiruppuvanam Taluk, Sivagangai District by considering the Petitioner's representation, dated 11.06.2025within the time frame fixed by this Court. 1/6

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mrs.K.Malathi, 1 and 2 Addl.Govt.Pleader

O R D E R

The Petitioner herein seeks a direction to the second respondent to issue separate patta in respect of the property in S.No.80/3B1 with an extent of 5 1⁄4 cents situated at Thiruppachetty North Village, Thiruppuvanam Taluk, Sivagangai District by considering the Petitioner's representation, dated 11.06.2025.

2.Mrs.K.Malathi, learned Additional Government Pleader takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the Petitioner, 22 1⁄2 cents in S.No.80/3B1 originally belong to the Petitioner and his brother Subramaniam. They orally partitioned the property and southern half was allotted to the Petitioner. Portion of the property allotted to the Petitioner was acquired for expansion of National Highways and the Petitioner also received the compensation for the acquired 2/6

land. In respect of the remaining property, which was not in possession of the Petitioner, patta still stands in the name of Petitioner's father. Therefore, the Petitioner submitted a representation on 11.06.2025 seeking issuance of separate patta for the remaining 5 1⁄2 cents of land which was in his possession. The same 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.The Petitioner herein relying on an oral partition seeks for issuance of separate patta. It is for the Petitioner to issue notice to all the legal heirs of the original pattadhar. If all the legal heirs of the original pattadhar agree for the above said oral partition, there may not be any difficulty for issuance of separate patta. 5.Mrs.K.Malathi, learned Additional Government Pleader who takes notice for the respondents 1 and 2 would submit that the representation submitted by the Petitioner will be considered on its own merits within the time stipulated by this Court. 6.In view of the same, without expressing any opinion on the merits of the matter, the second respondent is directed to consider the representation of the Petitioner, dated 11.06.2025 and 3/6

pass final orders on its own merits after issuing notice to the Petitioner and other interested parties, if any, within a period of 12 weeks from the date of a copy of this order. 7.With the above directions, the Writ Petition stands disposed of. No costs.

07.07.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sivagangai District.

2.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

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S.SOUNTHAR.,J.

vsn ORDER MADE IN 5/6

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