Muthumalai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.09.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.25006 of 2025 Muthumalai ... Petitioner Vs

1. The District Collector, O/o.The District Collector, Thoothukudi District, Thoothukudi.

2. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Tiruchendur District.

3. The Tahsildar, Taluk Office, Eral Taluk, Thoothukudi 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 and third respondents to sub divide petitioner's property comprised in Survey No. 1032/4 in Joint Patta No. 1247 situated at Thenthirupperai Village, Eral Taluk, Thoothukudi District, thereby issue separate patta in petitioner name based on petitioner's representation dated 04.08.2025 submitted to the respondents for the following among other facts and circumstances of this case.

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For Petitioner : Mr. P.Veerapandi For Respondents : Mr.M.Muthumanikkam Government Advocate

O R D E R

By relying on a registered sale deed dated 22.10.2020, bearing document No.791 of 2020 and joint patta No.1247, the petitioner seeks a subdivision and a separate patta in respect of 7 1⁄2 cents in survey No. 1032/4.

2. Learned Government Advocate accepts notice on behalf of all the respondents. On the basis of written instructions, he submits that there is a title dispute between the petitioner and one Velkumar. Therefore, he states that the petitioner should approach the jurisdictional civil court. This contention is refuted by learned counsel for the petitioner, who points out that the said Velkumar has also applied for a separate patta.

3. On perusal of joint patta No.1247, it is evident that such joint patta is in respect of 6.50 ares in survey No.1032/4. The joint patta has 2/4

been issued to 12 persons, including the petitioner and the said Velkumar. In the circumstances, before considering the request for subdivision and separate patta, it is necessary to put all the 11 joint pattathars on notice and provide a reasonable opportunity to them.

4. Subject to the above observations, this Writ Petition is disposed of by directing the third respondent to consider and dispose of the petitioner's request for subdivision and joint patta within a period of twelve (12) weeks after providing a reasonable opportunity to the petitioner and all the other joint pattathars. No costs. NCS : Yes/No 15.09.2025 Index : Yes / No Internet : Yes / No apd To

1. The District Collector, O/o.The District Collector, Thoothukudi District, Thoothukudi.

2. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Tiruchendur District.

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SENTHILKUMAR RAMAMOORTHY.,J.

apd

3. The Tahsildar, Taluk Office, Eral Taluk, Thoothukudi District.

ORDER MADE IN W.P(MD)No.25006 of 2025 15.09.2025 4/4