Madras High CourtWP/1686/2021disposed of

P.Maniveeran v. The Tahsildar

2021-02-01Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2021 CORAM :

THE HONOURABLE Mr.JUSTICE N.SESHASAYEE W.P.No.1686 of 2021 P.Maniveeran ... Petitioner Vs.

The Tahsildar Thirupathur Thirupathur District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to carry measurement and survey for effecting sub-division and to issue patta to the petitioner's property in Pachal Village Survey No.101/5B, New Survey No.101/5B1, 5B2 to an extent of 24 cents by taking into account of petitioner's application dated 12.06.2020. For Petitioner : Mr.P.S.Kothandaraman For Respondents : Mrs.R.Janaki Additional Government Pleader

ORDER

The present petition is filed for effecting revenue sub division and for issuance of patta, for which purpose, the petitioner has approached the Tahsildar with an application dated 12.06.2020.

2. The learned counsel for the petitioner submitted that earlier, there was a litigation in O.S.No.138 of 2019 before the Additional District Munsif Court, Tirupattur, which has been disposed of by the Court on 17.09.2019 and that necessary charges were paid in the Sub Treasury for revenue sub division and issuance of patta as early as 11.06.2020 and a representation too was made to the respondent on 12.06.2020. Since no response is forthcoming, the petitioner is before this Court.

3. Mrs.R.Janaki, learned Additional Government Pleader enters appearance for the respondent and makes a statement on https://hcservices.ecourts.gov.in/hcservices/

instructions that an appeal suit in A.S.No.186/2020 has been filed before the District Munsif Court, Tirupattur by a certain Dhakshinamurthy challenging the decree in O.S.No.138 of 2019. The said statement is recorded.

4. In view of the pendency of the appeal suit in A.S.No.186/2020 before the District Munsif Court, Tirupattur, the present representation by the petitioner to the Tahsildar, Tirupattur is bit pre-mature, and the petitioner is at liberty to move the Revenue Authorities on the disposal of A.S.No.186/2020 and on it attaining the finality.

5. With the above observation, the writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ds To:

1.The Tahsildar Thirupathur Thirupathur District.

2.The District Munsif Court, Thirupattur.

+1cc to Mr.P.S.Kothandaraman, Advocate, sr no.5168 +1cc to The Government Pleader, sr no.5383 W.P.No.1686 of 2021 AJS(CO) RMP(26/02/2021) https://hcservices.ecourts.gov.in/hcservices/