Disposed¶36

Karuthapandi v. The District Collector

Madras HC3 Apr 2025WP(MD)/24727/2023

Case brief

AI extract

What is this about?

Separate patta; subdivision of survey number; Tahsildar Manoor Taluk; Survey No.78/1 Mela Ilandaikualm Village Tirunelveli; joint patta; house tax Panchayat; planning permission; pending civil suit objection; writ of certiorarified mandamus; Article 226; W.P.(MD) 24727 of 2023; Madurai Bench Madras High Court; P.B.Balaji J.; directions to apply for subdivision and reconsideration of patta.

What did the court decide?

Writ petition disposed of with directions: petitioner to apply for subdivision of Survey No.78/1 paying requisite charges; 2nd respondent to carry out subdivision after notice to and hearing of interested stakeholders and pass final orders; separate patta application to be considered subject to subdivision. No costs. ¶36

Karuthapandi Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

¶36

Issue for consideration

Whether the petitioner is entitled to issuance of separate patta for 7 1/2 cents in Survey No.78/1, Mela Ilandaikualm Village, despite no subdivision having been carried out of the survey number. +1 more

¶23

Court's answer

Since there has been no subdivision of Survey No.78/1, the petitioner shall make an application for subdivision and pay the requisite charges for the same.

¶31

Ratio / Principle

On such application being made, the 2nd respondent shall take steps to carry out subdivision after issuing notice to the petitioner and other interested stakeholders in Survey No.78/1, and after hearing their objections shall pass final orders on the subdivision application.

¶31

Key takeaways

Subject to the subdivision being carried out, the petitioner's application for separate patta shall thereafter be considered.ratio¶31

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), P.B.Balaji J., disposed of a writ petition under Article 226 seeking certiorarified mandamus to quash the Tahsildar, Manoor Taluk's order (Na.Ka.D1/3910/2022 dated 26.04.2023) rejecting separate patta for 7 1/2 cents in Survey No.78/1, Mela Ilandaikualm Village, Tirunelveli District. Held: as no subdivision of Survey No.78/1 had been carried out (about 40 houses stand therein and a civil suit was pending qua the survey number, which petitioner claimed related to another portion), the petitioner must apply for subdivision paying requisite charges; the Tahsildar shall carry out subdivision after notice to the petitioner and other interested stakeholders, hear objections, pass final orders, and thereafter consider the separate patta application subject to subdivision. No costs.

¶1

W.P.(MD)No.24727 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 03.04.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE P.B.BALAJI

¶6

W.P.(MD)No.24727 of 2023

Karuthapandi

... Petitioner

Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

¶11

2.The Tahsildar, Manoor Taluk Office, Manoor, Tirunelveli District.

¶12

3.The Head Surveyor, Manoor Taluk Office, Manoor, Tirunelveli District. ... Respondents

¶13

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned order passed by the 2 nd respondent in his proceedings Na.Ka.D1/3910/2022, dated 26.04.2023 and quash the same as illegal and arbitrary and consequently direct the 2 nd respondent herein to issue the separate Patta to the Petitioner with regard to Property in Survey No.78/1 to an extent of

¶14

1/5

¶15

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

¶16

W.P.(MD)No.24727 of 2023

¶17

7 ½ cents situated at Mela Ilandaikualm Village, Manoor Taluk, Tirunelveli District.

¶18

For Petitioner : Mr.G.Gomathisankar

¶19

For Respondents : Mr.B.Saravanan Additional Government Pleader

¶20

O R D E R

¶21

The petitioner challenges the order of the 2 nd respondent rejecting the petitioner's request for issuance of separate patta.

¶22

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

¶23

According to the petitioner, he has purchased small extent of 7 cents under a registered sale deed with four definite boundaries. The learned counsel for the petitioner submits that after purchase, the petitioner has also obtained necessary planning permission and put up construction and property has also been assessed to house tax which is being paid by the petitioner to the Panchayat without any default. Therefore, the petitioner based on the joint patta, seeks for separate patta to be issued.

¶24

2/5

¶25

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

¶26

W.P.(MD)No.24727 of 2023

¶27

4. The learned Additional Government Pleader would submit that there

¶28

are as many as 40 houses in the said Survey No.78/1 and without subdivision being carried out, the petitioner's request for separate patta cannot be entertained. He would also submit that a civil suit is pending in respect of the very same survey number.

¶29

5. However, in this regard, the learned counsel for the petitioner submits that the said suit is not pertaining to the petitioner's property, it is only relating to another portion of Survey No.78/1.

¶30

In view of the fact that there has been no subdivision of Survey No.

¶31

78/1, the petitioner shall make an application for subdivision and pay the requisite charges for the same. On such application being made by the petitioner, the 2 nd respondent shall take steps to carry out subdivision of the property after issuing notice to the petitioner and other interested stakeholders in Survey No.78/1. After hearing the objections of the other interested parties, the 2 nd respondent shall pass find orders on the subdivision application to be filed by the petitioner. Subject to the subdivision being carried out, the petitioner's application for separate patta shall thereafter be considered.

¶32

3/5

¶33

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

¶34

W.P.(MD)No.24727 of 2023

¶35

¶36

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

¶37

costs.

¶38