Disposed

N.C.Perumal v. the Tahsildar

Madras HC8 Apr 2024WP/9533/2024

Case brief

AI extract

What is this about?

Writ petition seeking sub-division of land and issuance of a separate patta for 7.59 acres in S.No.198/2, Periyasoragai Village, Salem district. The court directed the Tahsildar and Taluk Surveyor to consider the petitioner's online application and representation on merits within three months after notice to the fourth respondent, holding that a claim of tenancy cannot prevent change of owner's na

What did the court decide?

Direction to respondents 1 and 2 to consider the application and representation for sub-division and patta on merits within three months, with notice to fourth respondent; no costs.

N.C.Perumal Vs the Tahsildar — Property and Title | Madras HC (2024)

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WP.No.9533 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.04.2024

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CORAM

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THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

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WP.No.9533 of 2024

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N.C.Perumal .. Petitioner

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Versus

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1.The Tahsildar Mettur Taluk Mettur, Salem District

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2.The Taluk Surveyor Taluk Office Mettur Taluk Mettur, Salem District

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3.The Inspector of Police Nangavalli Police Station Jalagandapuram

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Mettur Taluk, Salem District

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4.Venkatachalam .. Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to effect sub division and issue separate patta to the petitioner after taking measurements and fixing the boundaries of the petitioner's land measuring 7.59 acres out of 9.32 acres in S. No 198/2 patta No. 1501, Periyasoragai Village, Mettur Taluk, Salem district by getting assistance from the 3rd respondent. For Petitioner : Mr.P.Mani

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https://www.mhc.tn.gov.in/judis

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WP.No.9533 of 2024

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For Respondents : Mr.A.Selvendran for R1 to R3 Special Government Pleader

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ORDER

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This writ petition is filed for a direction to the respondents 1 and 2 to

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effect sub-division and issue separate patta to the petitioner after taking measurements and fixing the boundaries of the petitioner's land measuring 7.59

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acres out of 9.32 acres in S. No 198/2 patta No. 1501, Periyasoragai Village, Mettur Taluk, Salem district by getting assistance from the 3rd respondent.

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Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

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The petitioner submitted an online application on 02.09.2023 and a representation on 21.11.2023 with a request to sub-division and issuance of patta, which is pending without consideration.

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Considering the limited relief sought for in this writ petition, the respondents 1 and 2 are directed to consider the online application on 02.09.2023 and a representation on 21.11.2023 and pass appropriate orders on the petitioner's representation for sub-division issuance of patta, on merits and

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https://www.mhc.tn.gov.in/judis in accordance with law, after giving notice to the fourth respondent and any

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WP.No.9533 of 2024

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other interested persons. Such exercise shall be completed within a period of three months from the date of receipt of copy of this order. The fourth respondent is claiming himself as a cultivating tenant has filed a suit in O.S.No.167 of 2023 on the file of District Munsif, Mettur. This Court is the view that mere claiming of tenancy right, the change in the name of the owner cannot be prevented. At the most, the fourth respondent can establish the right over the property as a cultivating tenant. It is made clear that after giving opportunity to the fourth respondent, the property shall be sub-divided.

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With the above direction, this writ petition is disposed of. No costs.

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08.04.2024

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dhk Index :Yes/No Internet :Yes/No Neutral Citation : Yes/No

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N. SATHISH KUMAR, J.

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dhk

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To,

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https://www.mhc.tn.gov.in/judis

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WP.No.9533 of 2024

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1.The Tahsildar Mettur Taluk Mettur, Salem District

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2.The Taluk Surveyor Taluk Office Mettur Taluk Mettur, Salem District

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3.The Inspector of Police Nangavalli Police Station Jalagandapuram Mettur Taluk, Salem District

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W.P.No.9533 of 2024

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08.04.2024

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https://www.mhc.tn.gov.in/judis

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N.C.Perumal v. the Tahsildar

Case brief

What is this about?

What did the court decide?

N.C.Perumal v. the Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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