Madras High CourtWP(MD)/26486/2025disposed of

Ammavasi v. The District Revenue Officer

2025-09-24Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.26486 of 2025 Ammavasi

...Petitioner

1. The District Revenue Officer, Collectorate Campus, Madurai District

2. The Revenue Divisional Officer, Revenue Divisional Office, Usilampatti, Madurai District.

3. The Tahsildar, Office of the Tahsildar, Usilampatti, Madurai District.

4. The Head Surveyor, Office of the Tahsildar, Usilampatti, Madurai District.

5. The Village Administrative Officer, A.Puthupatti Revenue Vilalge, A.Krishnapuram, Usilampatti, Madurai District.

6. Chellakili

...Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondents 1 to 5 to issue patta in favour the petitioner in Survey No.1/2 situated at A.Krishnapuram, Usilampatti Taluk, Madurai District on the basis of the petitioner's representation dated 12.08.2025 and 16.09.2025 within stipulated time fixed by this Court. For Petitioner : Mr.M.Perumal For Respondents : Mr.B.Saravanan Additional Government Pleader for R1 to R5 Mr.J.Senthil Kumaraiah for R6

ORDER

By asserting that the property in S.No.1/2 to the extent of 2/3 share was inherited by the petitioner, the petitioner applied for a separate patta. On the basis that such application was not considered and disposed of, the present petition has been filed.

2.Learned counsel for the petitioner relied on the joint patta No.163 standing in the name of 6 persons. He points out that a release deed had been executed releasing 1/3 share in favour of the petitioner's father and that as a consequence, the petitioner's late father became entitled to 2/3 share. Therefore, learned counsel contends that the petitioner is entitled for a separate patta in respect of such share.

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3.Learned Additional Government Pleader accepts notice on behalf of respondents 1 to 5 and Mr.J.Senthil Kumaraiah, learned counsel accepts notice on behalf of the respondent 6. On instructions, the learned Additional Government Pleader states that the 6th respondent has raised objections with regard to the petitioner's request for the separate patta. He also submits that the Tahsildar would conclude the inquiry and issue orders on merits within 12 weeks from the date of receipt of a copy of this order. 4.In view of the above submissions that the Tahsildar would provide a reasonable opportunity to the petitioner, without making any observations on the merits, the 3rd respondent is directed to consider and dispose of on merits, the petitioner's request for a separate patta after providing a reasonable opportunity to the petitioner and any other persons who would be affected by such order. No costs.

24.09.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/4

SENTHILKUMAR RAMAMOORTHY , J.

RJR To