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Madras High CourtWP/8818/2018disposed of

Babu, v. Tahsildar,

2018-12-03Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.12.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No. 8818 of 2018 Babu ...

Petitioner Vs.

1. The Tahsildar, Sholinganallur Taluk, Kancheepuram District.

2. C. Valliammal

3. C. Mani

4. P. Sugundhala

5. C. Ravi ... Respondents (R2 to R5 are impleaded vide order dated 03.12.2018 made in W.M.P.No.18738 of 2018 in W.P.No.8818 of 2018). PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondent to sub divide the land in new S.No.265/12B and 265/13 situated at Venkatesapuram 6th street, Kottiwakkam, Chennai 41, Sholinganallur Taluk, Kancheepuram district, having patta No.4253 and to issue a separate patta in the petitioner name for his share.

For Petitioner : Ms. Selvi George For R1 : Mr.V.Shanmugasundar, Special Government Pleader

O R D E R

This Writ Petition has been filed seeking a direction to the first respondent to sub divide the land in new S.Nos.265/12B and 265/13 situated at Venkatesapuram 6th street, Kottiwakkam, Chennai 41, Sholinganallur Taluk, Kancheepuram district, having patta No.4253 and to issue a separate patta in the petitioner's name for his share.

https://hcservices.ecourts.gov.in/hcservices/

2. It appears that the petitioner has made an online application on 21.11.2017 to sub divide the land in new S.Nos.265/12B and 265/13 situated at Venkatesapuram 6th street, Kottiwakkam, Chennai 41, Sholinganallur Taluk, Kancheepuram district. The other co-owners of the said land are impleaded as parties by order dated 03.12.2018 in W.M.P.No.18738 of 2018.

3. Heard Ms.Selvi George, learned counsel appearing for the petitioner and Mr.V.Shanmugasundar, learned Special Government Pleader appearing for the first respondent.

4. As it is the online application, the learned Special Government Pleader requests for one more application to be made by the petitioner.

5. Considering the facts and circumstances of the case and the submissions made on either side, the petitioner is permitted to file one more application in this regard within a period of two weeks from the date of receipt of copy of this order and on receipt of such representation, the respondent is directed to consider the same after issuing notice to the petitioner as well as respondents 2 to 5, who are now impleaded as parties and also any other persons having right in the said Survey Nos. and conducting an enquiry by affording them due opportunity of personal hearing and then pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of copy of such representations. It is made clear that this Court is not expressing any opinion on the merits of the representation to be made by the petitioner.

6. With the above directions, the writ petition is disposed of. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To The Tahsildar, Sholinganallur Taluk, Kancheepuram District.

+1cc to Ms. Selvi George, Advocate sr.no.82742 W.P.No. 8818 of 2018 nr 24/12/2018 https://hcservices.ecourts.gov.in/hcservices/