Madras High Court

WP/39089/2026 of MAHALAKSHMI AMMAL EDUCATIONAL TRUST Vs The District colllector on 29 September 2026

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WP No. 39089 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

WP No. 39089 of 2026

CNR:{HCMA012186002026}

AND

WMP NO. 43980 OF 2026

Mahalakshmi Ammal Educational Trust

Rep by its manaing Trustee

Nitish Harihar Badri Prasad

S/o.R.Badri Prasad

No.15, Fairlands

Salem Town

Salem-636 016

..Petitioner(s)

Vs

1. The District colllector

Kadayampatti Taluk

Salem District

2. The Revenue divisional officer

Mettur Revenue Division

Salem District

3. The Tahsildar

Kdayampatti Taluk

Salem District

..Respondent(s)

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Certiorarified Mandamus calling for the records relating to the impugned order bearing application No.2026/N105/08/003304

dated 23.8.2026 passed by the 3rd respondent quash the same and consequently direct the 3rd respondent to reconsider the petitioners application dated 27.7.2026 for subdivision and patta transfer in respect of the property comprised in S.No.94/7,Poosari patti village, Kadayampatti Taluk, Salem District, by

WP No. 39089 of 2026

taking into consideration the representation dated 27.7.2026 along with the relevant survey /FMB and revenue records.

For Petitioner(s):

Mr.P.Veena Suresh

For Respondent(s):

Mr.A.Maheshnath, Government Advocate

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Order

This Writ Petition has been filed to quash the impugned order passed by the 3rd respondent and consequently to direct the 3rd respondent to reconsider the petitioner's application.

2. The learned counsel appearing for the petitioner submitted that the Managing Trustee of Smt. Mahalakshmi Ammal Educational Trust is the petitioner herein and is the owner of the subject property comprised in Old S.F. No. 94/2, New S.F. No. 94/7, situated at Poosaripatti Village, Kadayampatti Taluk, Salem District, measuring an extent of 835 ½ sq. ft. The petitioner submitted a representation dated 19.03.2026 to the revenue authorities seeking correction of the measurement in the Field Measurement Book (FMB) and field plan, in accordance with the extent mentioned in the patta. The petitioner also submitted an online application to the 3rd respondent seeking sub-division and transfer of patta in respect of the property. However, the 3rd respondent, vide the impugned order dated 23.08.2026, rejected the petitioner’s application solely on the ground that civil proceedings were pending in respect of the land. The learned counsel for the petitioner submitted that the civil proceedings

WP No. 39089 of 2026

referred to in the impugned order do not concern the subject property in S.F. No. 94/7, but rather relate to another property in S.F. No. 94/10, which has no relevance to the petitioner’s application. Hence, the petitioner has approached this Court.

3. The learned Government Advocate appearing for the respondents fairly submitted that if the impugned order is set aside and the matter is remanded, the petitioner's application will be reconsidered afresh after issuing due notice and providing an opportunity for a personal hearing.

4. Heard both sides and perused the materials available on record.

5. Under such circumstances, the impugned order dated 23.08.2026 is set aside, and the matter is remanded to the 3rd respondent for fresh consideration. The 3rd respondent shall consider the petitioner's online application afresh for sub-division and issuance of patta for S.F. No. 94/7, as the civil suit was filed only with regard to S.F. No. 94/10. Therefore, the pendency of the said suit no way prevents the respondents from considering the petitioner’s application for patta transfer and sub-division. The application shall be considered after conducting a due enquiry, affording the petitioner and any other interested parties a reasonable opportunity for a personal hearing, and shall be disposed of strictly in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order.

WP No. 39089 of 2026

6. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected W.M.P. No. 43980/2026 is closed. 25-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK To

1. The District colllector Kadayampatti Taluk Salem District

2. The Revenue divisional officer Mettur Revenue Division Salem District

3. The Tahsildar Kdayampatti Taluk Salem District

WP No. 39089 of 2026

KRISHNAN RAMASAMY J. SK WP No. 39089 of 2026 AND WMP NO. 43980 OF 2026 25-09-2026

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