S.Subramanian Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

S.Subramanian Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direction to the 2nd respondent (Tahsildar) to consider the petitioner's representation dated 25.01.2025 for sub division patta along with the supporting documents, after giving a personal hearing, and to pass orders on merits and in accordance with law within twelve weeks from receipt of a copy of the order.

Issue for consideration

Whether the 2nd respondent (Tahsildar) should be directed to consider and dispose of the petitioner's representation dated 25.01.2025 seeking sub division patta in respect of 7.25 cents in Old Survey No.18/9, New Survey No.538.

Ratio / Principle

In view of the limited relief sought, the writ petition is disposed of by directing the 2nd respondent to consider the petitioner's representation dated 25.01.2025 along with the documentary evidence relied on by the petitioner, giving a personal hearing to the petitioner.

Key takeaways

The 2nd respondent shall conduct due enquiry and pass orders on merits and in accordance with law on the representation for subdivision patta (7.25 cents, Old Survey No.18/9, New Survey No.538), completing the exercise within twelve (12) weeks from receipt of a copy of the order.ratio¶22

Detailed headnote1 paragraphs

Writ Petition (Mandamus) under Article 226 disposed of by the Madurai Bench of the Madras High Court (P.B.Balaji, J.). The petitioner, whose request for inclusion of his name in the patta was rejected by the Tahsildar, Vadipatti Taluk, by proceedings dated 21.12.2022 for want of relevant documentary evidence, filed a fresh representation dated 25.01.2025 enclosing Death Certificate, Legal Heirship Certificate and other documents, seeking sub division patta for 7.25 cents in Old Survey No.18/9, New Survey No.538. Directing the 2nd respondent to consider the representation with the supporting documents after a personal hearing, conduct due enquiry and pass orders on merits and in accordance with law within twelve (12) weeks from receipt of a copy of the order; no costs.

W.P.(MD)No.11075 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI

W.P.(MD)No.11075 of 2025

S.Subramanian ... Petitioner

Vs.

1.The District Collector, Office of the District Collector, Vadipatti Taluk, Madurai District. 2.The Tahsildar, Taluk Office, Vadipatti Taluk, Madurai District. Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1 st respondent to direct the 2 nd respondent to issue sub division Patta for an extent of 7 ¼ cents of land in Old Survey no. 18/9, New Survey No. 538 in view of the 2 nd respondent letter in Moo.Mu.No.Aa5/9512/2022 dated 21.12.2022 by considering the petitioner's representation dated 25.01.2025.

For Petitioner : Mr.S.Atham Ali For Respondents : Mr.M.Lingadurai Special Government Pleader

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W.P.(MD)No.11075 of 2025

O R D E R

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

2. The petitioner had initially approached the revenue authorities for including the name of the petitioner in the patta. However, the Tahsildar in and by proceedings, dated 21.12.2022 rejected the petitioner's request citing nonfurnishing of relevant documentary evidence. However, subsequently, the petitioner has given a freh representation on 25.01.2025 enclosing Death Certificate and Legal Heirship Certificate and other documents in support of the claim of the petitioner for inclusion of the petitioner's name in the joint patta. The petitioner merely seeks disposal of the said representation, dated 25.01.2025.

3. In view of the limited relief sought for, this writ petition is disposed of, directing the 2 nd respondent to consider the petitioner's representation, dated 25.01.2025 along with documentary evidence that has been relied on by the petitioner, by giving a personal hearing to the petitioner to putforth all his contentions. The petitioner's representation, dated 25.01.2025 is for issuing

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W.P.(MD)No.11075 of 2025

subdivision patta in respect of 7.25 cents in Old Survey No.18/9 New Survey No.538. The 2 nd respondent shall conduct due enquiry and pass orders on merits and in accordance with law. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of copy of this order.

4. With the above direction, this Writ Petition stands disposed of. No

costs.

21.04.2025

NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1.The District Collector, Office of the District Collector, Vadipatti Taluk, Madurai District.

2.The Tahsildar, Taluk Office, Vadipatti Taluk, Madurai District.

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W.P.(MD)No.11075 of 2025

P.B.BALAJI, J.

gbg

W.P.(MD)No.11075 of 2025

21.04.2025

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