P.Pushparaj v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.10.2025

CORAM:

THE HONOURABLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P(MD) No.22213 of 2025 P.Pushparaj ... Petitioner Vs

1. The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

2. The Sub-Inspector / Kuru Vatta Surveyor, Srivilliputhur Taluk, Virudhunagar District.

3. The Village Administrative Officer, Puvani Village, Srivilliputhur Taluk, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Refusal of Sub-division impugned order passed by the first respondent in No. 2025/0105/26/477237 dated 25.09.2025 and quash the same as illegal and consequently, direct the first respondent to make sub-division in the name of the petitioner in accordance with law. 1/5

For Petitioner : Mr. S.Kameshwaran For Respondents : Mr.K.R.Badurus Zaman Government Advocate

O R D E R

The petitioner assails the order dated 25.09.2025 rejecting the request for patta transfer.

2. Learned counsel for the petitioner submits that the petitioner purchased the property on 29.08.2025 under a sale deed bearing Doc.No. 5856 of 2025, which was executed by one Muthukumar. Because the patta transfer application was submitted on the date of purchase, he submits that the respondents erroneously concluded that the petitioner is not in possession.

3. Learned Government Advocate accepts notice on behalf of all the respondents. He submits that the petitioner was not found to be in occupation when the field visit was carried out, as reflected in the document at page No.42 of the typeset.

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4. The petitioner has placed on record the patta in the name of Rasayya devar. The petitioner traces title from the said Rasayya Devar through his immediate predecessor, Muthukumar. Given the fact that the application for patta transfer was on the same date as the purchase by the petitioner, it is likely that the petitioner had not occupied the property on the said date. Therefore, the matter requires reconsideration.

5. For reasons aforesaid, the impugned order is set aside and the matter is remanded for reconsideration by the Tahsildar. After providing a reasonable opportunity to the petitioner and undertaking a fresh field inspection, a reasoned order shall be issued within three (3) months from the date of receipt of a copy of this order after issuing notice to any other person who may be interested in the property.

6. This Writ Petition is disposed of on these terms. No costs. Consequently, connected miscellaneous petition is closed. NCS : Yes/No 14.10.2025 Index : Yes / No Internet : Yes / No apd 3/5

To

1. The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

2. The Sub-Inspector / Kuru Vatta Surveyor, Srivilliputhur Taluk, Virudhunagar District.

3. The Village Administrative Officer, Puvani Village, Srivilliputhur Taluk, Virudhunagar District.

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SENTHILKUMAR RAMAMOORTHY.,J.

apd ORDER MADE IN 14.10.2025 5/5