(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, Calling for the records relating to the impugned proceedings of the 2nd respondent in O.Mu.A.1/ 921/ 2025 dated 31.07.2025, quash the same as illegal, arbitrary and unsustainable in law and consequently direct the 2nd and 3rd respondent, to subdivide the lands and issue separate patta in favour of the petitioner for his lawful share in the lands comprised in Survey Nos.29/1, 33/11, 191 and 33/8 situated at Velampattu Village, K.V. Kuppam Taluk, Vellore District, based on the registered Partition Deed Document No.1418/ 2001 dated 19.12.2001, within a time frame to be stipulated by this Honble court and award the costs of this writ petition)

1. This writ petition has been filed challenging the impugned proceedings dated 31.07.2025 passed by the 2nd respondent.

2. Mr.P.R.Vineeth, learned Government Advocate, takes notice on behalf of the respondents.

3. By consent of the parties, the main petition is taken up for disposal at the stage of admission itself.

4. The learned counsel for the petitioner would submit that in this case, the subject property was purchased by 5 co-sharers and a joint patta was issued in their favour on 06.07.1987. Thereafter, they had partitioned the property along with boundaries vide partition deed dated 19.12.2001. Under these circumstances, a representation dated 09.09.2024 was made by the petitioner for sub-division and issuance of separate patta based on the said partition deed. Subsequently, the 2nd respondent had issued notice to all the other co-owners. However, the said co-owners had failed to appear before the respondents. By citing the non-appearance of co-owners, the petitioner's representation was rejected vide impugned order dated 31.07.2025. Aggrieved over the same, another representation dated 04.08.2025 was filed by the petitioner seeking for re-consideration of the impugned order. However, the same was not at all considered by the respondents till date. Hence, this petition.

5. In reply, the learned counsel for the respondents would submit that due to the non-appearance of co-owners, the petitioner's representation for subdivision and issuance of patta was rejected vide the impugned order. Hence, he requests this Court to pass appropriate orders.

6. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

7. In the case on hand, the subject property was purchased by 5 co-sharers and a joint patta was issued in their favour on 06.07.1987. Thereafter, they had partitioned the property along with boundaries vide partition deed dated 19.12.2001. Based on the said partition deed, a representation dated 09.09.2024 was made by the petitioner for sub-division and issuance of separate patta. Subsequently, the 2nd respondent had issued notice to all the other co-owners. However, the said co-owners had failed to appear before the respondents. Under these circumstances, the petitioner’s representation was rejected vide the impugned order dated 31.07.2025.

8. Upon perusal, it appears that the partition deed was already executed and registered with boundaries. In such case, the non-appearance of the coowners should have been construed by the official respondents as implied consent and appropriate orders should have been passed for the purpose of subdivision and issuance of patta. However, without doing so, the 2nd respondent had rejected the petitioner's representation vide a non-speaking order, which is not proper. Therefore, this Court is inclined to set aside the impugned order passed by the 2nd respondent.

9. Accordingly, the impugned order dated 31.07.2025 is hereby set aside and the matter is remanded back to the 2nd respondent for re-consideration. The 2nd respondent is directed to issue formal notice to the co-owners. Even in the absence of co-owners, appropriate orders shall be passed for sub-division and issuance of patta, on merits and in accordance with law, based on the partition deed. The entire exercise shall be completed within a period of 4 weeks from the date of receipt of a copy of this order.

10. With the above directions, this writ petition is disposed of. No cost.