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Madras High CourtWP/6542/2022disposed of

Kanagaraj v. The Tasildhar

2022-03-22Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.6542 of 2022 Kanagaraj ... Petitioner Vs.

1. The Tahsildar,

2. The Taluk Surveyor,

3. The Village Administrative Officer, Sirukudal Village, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to subdivide the petitioner's land at S.F.No.203/22A (Old S.F.No.654/22A) in Keelapuliyur South Village of Kunnam Taluk in Perambalur District as per Settlement Deed dated 13.07.2018 registered as Doc.No.2200 of 2018 on the file of Sub Registrar, Valighandapuram and issue a separate Patta for his name by considering the petitioner's application dated 03.09.2021.

For Petitioner : Mr.N.Ponraj For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the respondents to sub-divide the petitioner's land at S.F.No.203/22A (Old S.F.No.654/22A) in Keelapuliyur South Village of Kunnam Taluk in Perambalur

District, as per Settlement Deed dated 13.07.2018 registered as Doc.No.2200 of 2018 on the file of Sub Registrar, Valighandapuram and issue a separate Patta in his name by considering the petitioner's application dated 03.09.2021.

2. The case of the petitioner is that the petitioner is the owner of the aforesaid property by virtue of a Settlement deed dated 13.07.2018 and ever-since the date of settlement, the petitioner is in peaceful possession and enjoyment of the said property. Thereafter, on 03.09.2021, the petitioner made an online application, vide Application No.2021/0105/16/082921 along with required documents before the 1st respondent, seeking to sub- divide the petitioner's land and to issue separate Patta in his name. As the said representation made by the petitioner has evoked no response from the respondents, the petitioner has filed the present Writ Petition.

3. The learned counsel for the petitioner submits that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's application dated 03.09.2021 and pass orders on the same within a particular time frame that may be fixed by this Court.

4. The learned Special Government Pleader appearing for the respondents has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's application dated 03.09.2021 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar jd/nhs To

1. The Tahsildar,

2. The Taluk Surveyor,

3. The Village Administrative Officer, Sirukudal Village, +1cc to Mr.N.Ponraj, Advocate, S.R.No.19048 +1cc to the Government Pleader, S.R.No.19914 W.P. No.6542 of 2022 AJS[co] NSK 08/04/2022