This Writ Appeal was dismissed as not maintainable. The High Court upheld the Single Judge's order rejecting a petition for subdivision of joint properties, holding that petitioners must first produce authentic documents proving ancestral title and a valid partition.
The Writ Appeal was dismissed with no costs to any party.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2018
CORAM:
THE HONOURABLE MR. JUSTICE HULUVADI G.RAMESH
AND
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.A.No.1233 of 2018
Writ Petition filed under Article 226 of the Constitution of India, praying issuance of a Writ of Mandamus directing the respondent to make sub-division of the petitioners properties situate in Survey Nos. 57, 122, 124 and 125/2 of Ottarpalayam village of Annur Taluk, Coimbatore Dist. to a total extent of 6.27 1/2 acres vide Patta No. 1748 and 1843 within a time limit fixed by this Court.
For Appellants :: Mr.V.Chandrasekaran for M/s.R.Baskaradoss For Respondents :: ...
JUDGMENT
(Judgment of the Court was pronounced by HULUVADI G.RAMESH, J.)
The Writ Appeal is directed against the Order dated 16.04.2018 made in W.P.No.9078/2018 by a learned Single Judge.
''2.Learned counsel for the petitioners drawn the notice of this Court to the joint patta issued in the name of the petitioners. He would submit that as the petitioners intended to make settlement and partition among them, they require sub-division of the property and therefore they made representation to the respondent to make sub-division of the property in accordance with title, possession and enjoyment on 28.02.2018. Finding no response, they are before this Court.
3.But this Court is unable to appreciate the request of the petitioners. If at all the petitioners intend to sub divide their property, the joint pattadars namely the petitioners should have gone for partition of the same. Without there being any partition among the petitioners allotting shares to the individual pattadars, they cannot come to this Court. This Court is unable to entertain this petition and the same is dismissed. No costs.''
Sd/-
Assistant Registrar(CS VI)
//True Copy// Sub Assistant Registrar
tsi
To
The Tahsildar, Annur Taluk, Sakthi Road, Annur-641 653, Coimbatore District.
+1cc to M/s.R.Baskaradoss, Advocate sr.no.42087 +1cc to Government Pleader sr.no.42760
W.A.No.1233/2018
nr 23/07/2018
2 issues framed by the court
Whether a writ appeal is maintainable against the Single Judge's order dismissing a petition seeking subdivision of joint properties without registration.
Whether the appellants can approach the Revenue Court for partition without producing authentic documents showing ancestral title and a registered or recorded partition deed.
2 provisions across 2 enactments
T.P.Jayachandran and others
The Tahsildar, Annur Taluk
HULUVADI G.RAMESH
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
