Mani K Vs The Tahsildar — Writ and Judicial Review | Madras HC (2025)

Mani K Vs The Tahsildar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Directions issued: Petitioners to pay the necessary sub-division charges within two weeks from receipt of a copy of the order; upon such payment, the respondent-Tahsildar to consider the Petitioners' application dated 28.03.2025 and pass final orders on its own merits within eight weeks from the date of payment. Writ Petition disposed of accordingly; no costs.

Issue for consideration

Whether the respondent-Tahsildar should be directed, by writ of mandamus, to conduct sub-division of S.No.149/1A1 (Joint patta No.2857), Naavinipatti Village, Melur Taluk, and issue separate joint patta to the Petitioners for 1 acre 47 cents based on their sale deeds (Document Nos.1859 and 1858 of 2006) and representation dated 1.4.2025.

Court's answer

The Petitioners are directed to pay the necessary charges for sub-division within two weeks from the date of receipt of a copy of the order.

Ratio / Principle

On payment of the sub-division charges, the respondent shall consider the application submitted by the Petitioners on 28.03.2025 and pass final orders on its own merits within a period of eight weeks from the date of payment.

Key takeaways

With the above directions, the Writ Petition stands disposed of, with no costs awarded.ratio¶30

Detailed headnote1 paragraphs

Constitution of India, Art.226 - Writ of Mandamus - Sub-division of survey number and issue of separate joint patta. Petitioners K.Mani and Kala purchased 1 acre 47 cents out of a total extent of 1.67 acres in S.No.149/1A1 (Joint Patta No.2857), Naavinipatti Village, Melur Taluk, Madurai District, from Mohammed Yoosuf and others, under sale deeds Document No.1859 of 2006 and Document No.1858 of 2006 dated 7.6.2006 (Sub-Registrar, Melur). Their application dated 28.3.2025 to the Tahsildar for sub-division and separate joint patta, followed by representation dated 1.4.2025, was not acted upon. Learned Additional Government Pleader conceded the claim would be considered once the requisite sub-division charges were paid. HELD: Petitioners directed to pay necessary sub-division charges within two weeks; on payment, respondent to consider the application dated 28.03.2025 and pass final orders on its own merits within eight weeks from the date of payment. Writ Petition disposed of; no costs.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 18.06 .2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR

W.P(MD)No.16253 of 2025

1.K.Mani

2.Kala

... Petitioners

.Vs.

The Tahsildar, Melur Taluk Office, Melur, Madurai District.

... Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to conduct subdivision in S.No. 149/1A1(Joint patta No.2857) of Naavinipatti Village, Melur Taluk, Madurai District and issue separate joint patta in the name o Petitioners for the property to an extent of 1 acre 47 cents by taking into account of the first Petitioner’s sale deed in Document No.1859 of 2006 and the Second Petitioner’s sale deed in Document No.1858 of 2006,dated 7.6.2006 on the file of Sub Registrar, Melur based on the Petitioner’s representation dated 1.4.2025 submitted to the respondent within the time limit stipulated by this Court.

For Petitioners : Mr.K.Mohanasundaram

For Respondent : Mr.A.Baskaran

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Addl.Govt.Pleader

O R D E R

The Petitioner herein seeks a direction to the respondent to sub-divide the property situated in S.No.149/1A1(Joint patta No. 2857) of Naavinipatti Village, Melur Taluk, Madurai District and issue separate joint patta in the name of Petitioners for the property measuring an extent of 1 acre 47 cents by taking into account the first Petitioner’s sale deed in Document No.1859 of 2006 and the Second Petitioner’s sale deed in Document No.1858 of 2006, dated 7.6.2006, on the file of Sub-Registrar, Melur based on his representation, dated 1.4.2025.

2.Mr.A.Baskaran, learned Additional Government Pleader takes notice for the respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.It is the case of the Petitioners that they purchased 1 acre 47 cents of land out of total extent of 1.67 acres in the above said survey number from Mohammed Yoosuf and others. Patta for the subject property stand in the name of Petitioners and 2 other persons in Patta No2857. Now the Petitioners submitted an

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application before the respondent on 28.3.2025 seeking sub division of the property purchased by them and for issuance of separate joint patta in their favour. The same has not been considered so far. Hence the Petitioners have come before this Court with the present Writ Petition for the relief stated supra.

4.Mr.A.Baskaran, learned Additional Government Pleader who takes notice for the respondent would submit that the Petitioners have not paid the necessary charges for sub-division and on payment of necessary charges for sub-division, the Petitioners’ request will be considered in accordance with law, within the time limit prescribed by this Court.

5.In view of the same, the Petitioners are directed to pay necessary charges for sub-division within two weeks from the date of receipt of a copy of this order. On such payment of necessary charges for sub-division, the respondent shall consider the application submitted by the petitioners on 28.03.2025 and pass final orders on its own merits within a period of eight weeks from the date of payment of necessary charges for subdivision by the Petitioners.

6.With the above directions, the Writ Petition stands

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disposed of. No costs.

18.06.2025

NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To The Tahsildar, Melur Taluk Office, Melur, Madurai District.

S.SOUNTHAR.,J.

vsn

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ORDER MADE IN

W.P(MD)No.16253 of 2025

18.06.2025

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