Madras High Court
Kulandhaivel vs / on 20 February, 2025
W.P.(MD)No.10957 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.02.2025
CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI
W.P.(MD)No.10957 of 2023
Kulandhaivel ... Petitioner
/Vs./
1. The Revenue Divisional Officer,
Sivagangai Division,
Sivagangai.
2.The Tahsildar,
Ilaiyangudi Taluk,
Sivagangai District.
3. Nagaraj
4. P. Balakrishnan
5. G.Balakrishnan
6. Malaiyarasu ... Respondents
(R3 to R6 are impleaded vide Court order
dated 02.08.2023 in WMP(MD).12142/2023 in
W.P.(MD).No.10957/2023 by BPJ)
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, direct the second respondent to issue separate
patta in the name of the petitioner by sub-division of the properties
comprised in S.Nos.103/3, 157/4, 157/2, 73/3, 130/4, 117/3 and 130/5
which are covered in the joint patta bearing Patta Nos.1179 & 1180
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 04:20:16 pm )
W.P.(MD)No.10957 of 2023
situated at Melayur Village, Ilaiyangudi Taluk, Sivagangai District as per
the decree passed by the learned District Munsif Court, Ilaiyangudi in
O.S.No.54 of 2000 dated 19.03.2001 by considering the representation of
the petitioner dated 01.06.2022 and reminder dated 19.04.2023.
For Petitioner : A.Mohan
For Respondent Nos.1 & 2 : Mr.C.Satheesh
Government Advocate
For Respondent Nos.3 to 5 : Mr.G.Aravinthan
For Respondent No.6 : Mr.M.S.Jeyakarthik
ORDER
This Writ Petition has been filed seeking limited relief of Writ of
Mandamus, to direct the 2nd respondent to issue a separate patta in the
name of the petitioner in respect of S.Nos.103/3, 157/4, 157/2, 73/3,
130/4, 117/3 and 130/5 which are covered in the joint patta bearing Patta
Nos.1179 & 1180 situated at Melayur Village, Ilaiyangudi Taluk,
Sivagangai District.
2. Considering the limited scope of the prayer sought for in this
writ petition, with the consent of the parties, the writ petition itself is
taken up for final disposal.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 04:20:16 pm )
3. The claim for separate patta by the petitioner is based on the
judgement and decree in the suit for partition in O.S.54 of 2000 dated
19.03.2001. Pursuant to the said decree in favour of the petitioner, he
has made a representation on 07.06.2022, seeking issuance of separate
patta. It is brought to the notice of this Court that the joint patta was
issued based on the decree in the partition suit. However, the petitioner
has made a representation for issuance of separate patta by application
dated 07.06.2022, and followed it up with a reminder on 19.04.2023.
4. In view of the objection that there has been no online
application for the sub division and patta transfer, the petitioner has also
made an online application on 22.01.2023, and in support of the same,
the application copy is also filed before this Court by way of additional
typed set of appears.
5. The learned Counsel for the Respondent Nos.3 to 5 submits that
they are also claiming for separate patta based on the judgment and
decree in the partition suit. Therefore, the respondents have no objection
for issuance of separate patta in favour of the petitioner.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 04:20:16 pm )
6. The learned Counsel for the sixth respondent would submit that
the second respondent may consider the objections of the sixth
respondent, if any, before passing any orders in the petitioner's
application.
7. In view of the aforesaid narration and circumstances, the writ
petition is disposed of with a direction to the second respondent to pass
orders on the petitioner's online application dated 22.01.2024, after
giving opportunity by way of personal hearing to the petitioner as well as
the sixth respondent herein and any application may have been made by
respondent Nos.3 to 6 and pass orders on merits and in accordance with
law within a period of eight weeks from the date of receipt of a copy of
this order.
8. With the above said observations, this writ petition is disposed
of. No costs.
Index : Yes / No
NCC : Yes / No 20.02.2025
gvn
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 04:20:16 pm )
TO:-
1. The Revenue Divisional Officer,
Sivagangai Division,
Sivagangai.
2.The Tahsildar,
Ilaiyangudi Taluk,
Sivagangai District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 04:20:16 pm )
P.B. BALAJI, J.
gvn
Order made in
Dated:
20.02.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 04:20:16 pm )
