C.M.P(MD)No.15563 of 2025 in W.A(MD)SR.No.77886 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2025 CORAM: THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN C.M.P(MD)No.15563 of 2025 in W.A(MD)SR.No.77886 of 2025 Poolaiah Pandian ... Petitioner /Vs./ 1.S.Paul Sudhagar 2.The Revenue Divisional Officer, Kovilpatti Division, Ettayapuram Road, Kovilpatti, Thoothukudi District -628 501. 3. The Tahsildar, Vadakku Subramniyapuram, Kayathar Taluk, Thoothukudi District -628 952. 4. The Firka Surveyor, Kayathar Taluk, Kovilpatti Revenue Division, Thoothukudi District. ... Respondents 1/6 https://www.mhc.tn.gov.in/judis C.M.P(MD)No.15563 of 2025 in W.A(MD)SR.No.77886 of 2025 PRAYER:- Petition filed under Section 151 of the Civil Procedure Code, 1908, to grant leave to the petitioner to file the above writ appeal against the order in WP(MD)No.8234 of 2025 dated 25.03.2025 passed by this Court. PRAYER:- Writ Appeal filed under Clause XV of Letters Patent, to set aside the order made in W.P.(MD)No.8294 of 2025 dated 25.03.2025 on the file of this Court. For Petitioner : Mr.O.R.Gokul Abimanyu For Respondents : Mr.M.Sarangan (R2 to R4) Additional Government Pleader : Ms.J.R.Annie Abinaya (R1) ORDER (Order of the Court was made by DR.ANITA SUMANTH, J.) This is an application seeking grant of leave to the petitioner, who claims to be aggrieved by order dated 25.03.2025, passed in WP(MD)No.8234 of 2025. 2. The petitioner is not a party to that order, wherein the prayer is for a writ of mandamus directing the Tahsildar, Vadakku 2/6 https://www.mhc.tn.gov.in/judis C.M.P(MD)No.15563 of 2025 in W.A(MD)SR.No.77886 of 2025 Subramaniyapuram, Kayathar Taluk, Thoothukudi District to dispose the online application of the petitioner bearing No.2025/0123/28/006512 filed on 15.03.2025. 3. In that application, R1/writ petitioner had sought a survey, sub-division and issuance of patta with respect to the property in S.No. 250/6B2, Thirumangalakurichi Village, Thoothukudi District, ('property in question') in terms of Section 10 of the Tamil Nadu Patta Passbook Act, 1983 ('Act') within a time frame to be stipulated. 4. That writ petition came to be disposed on 25.03.2025 and the Court records the submission of the petitioner that there is a Nilaviyal Pathai, which lies inside the property in question and that the petitioner has no objection for the said pathai to continue to exist. 5. The submission of the learned Additional Government Pleader, who appeared was that the entirety of the property in question comprises 94 cents, of which 50 have been purchased by the writ petitioner, which contains a Nilavilyal Pathai. 6. Considering the rival submissions, the Court directed the authorities to conduct a survey, sub-divide the land and issue patta to the 3/6 https://www.mhc.tn.gov.in/judis C.M.P(MD)No.15563 of 2025 in W.A(MD)SR.No.77886 of 2025 petitioner within eight weeks. 7. The petitioner is aggrieved, as he apprehends that himself and others in that vicinity would be deprived of the use of pathai. 8. Mr.M.Sarangan, learned Additional Government Pleader also states that the Government apprehends the same. 9. It would hence suffice for us to clarify that there has been no positive direction issued to the Tahsildar under order dated 25.03.2025, for issuance of patta, and the direction issued is for conduct of survey, sub-division of the subject land and issuance of patta in respect of the land to which R1 is entitled, in accordance with law. 10. We also note the undertaking given by the writ petitioner as recorded in the order of the writ Court, to the effect that the nilaviyal pathai as per the FMB sketch shall be retained for the use of public. 11. We are given to understand that process of survey has not yet been undertaken. Let the process of survey commence from 27.10.2025 with adequate notice to all interested parties including the petitioner. 12. As the apprehensions of the petitioner stand allayed by 4/6 https://www.mhc.tn.gov.in/judis C.M.P(MD)No.15563 of 2025 in W.A(MD)SR.No.77886 of 2025 virtue of this order, there is no further necessity for grant of leave and accordingly, this petition, as also the writ appeal are closed, even at SR stage. [A.S.M.J.,] & [C.K.J.,] 22.10.2025 NCC :Yes/No Index :Yes/No Internet :Yes sm 5/6 https://www.mhc.tn.gov.in/judis C.M.P(MD)No.15563 of 2025 in W.A(MD)SR.No.77886 of 2025 DR.ANITA SUMANTH, J. AND C.KUMARAPPAN,J. sm To 1.The Revenue Divisional Officer, Kovilpatti Division, Ettayapuram Road, Kovilpatti, Thoothukudi District -628 501. 2. The Tahsildar, Vadakku Subramniyapuram, Kayathar Taluk, Thoothukudi District -628 952. 3. The Firka Surveyor, Kayathar Taluk, Kovilpatti Revenue Division, Thoothukudi District. C.M.P(MD)No.15563 of 2025 in W.A(MD)SR.No.77886 of 2025 22.10.2025 6/6 https://www.mhc.tn.gov.in/judis