Subramanian v. The Thasildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.7462 of 2022 Subramanian

...Petitioner

Vs.

1. The Tasildhar, Dharapuram Taluk, Tiruppur Taluk.

2. The Taluk Surveyor, Dharapuram Taluk, Tiruppur District.

3. The Village Administrative Officer, Alangiyam Village, Dharapurm Taluk, Tiruppur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to measure and subdivide the petitioners land at S.F.No. 431/2A (Old S.F.No. 699/3) S.F.No. 431/4 (Old S.F.No. 702) S.F.No. 433/3 (Old S.F.No. 706/2) in Alangiyam Village of Dharapuram Taluk in Tiruppur District as per Settlement deeds in Doc. No. 1713 of 1989 dated 08.06.1989 and in Doc. No. 3062 / 2004 dated 04.10.2004 registered on the file of sub Registrar Dharapuram and issue a separate patta on his name by considering the petitioners application dated 11.10.2021.

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 measure and subdivide the petitioners land at S.F.No. 431/2A (Old S.F.No. 699/3) S.F.No. 431/4 (Old S.F.No. 702) S.F.No. 433/3 (Old S.F.No. 706/2) in Alangiyam Village of Dharapuram Taluk in Tiruppur District as per Settlement deeds in Doc. No. 1713 of

1989 dated 08.06.1989 and in Doc. No. 3062 / 2004 dated 04.10.2004 registered on the file of sub Registrar Dharapuram and issue a separate patta on his name by considering the petitioners application dated 11.10.2021.

2. The learned Special Government Pleader takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner's father is the owner of the property in S.F.No. 431/2A (Old S.F.No. 699/3) S.F.No. 431/4 (Old S.F.No. 702) S.F.No. 433/3 (Old S.F.No. 706/2) in Alangiyam Village of Dharapuram Taluk in Tiruppur District. The petitioner made an application to the respondents on 11.10.2021, for measuring and sub-divide the petitioner's property. However, till date no orders have been passed. Hence, this Writ Petition is flied with the aforesaid prayer.

4. The learned counsel appearing for the petitioner submitted that it would suffice if this Court issues direction to the 1st and 2nd respondents to consider petitioner's representation, dated 11.10.2021 and pass appropriate orders within a reasonable time that may be fixed by this Court.

5. The Special Government Pleader appearing on behalf of the official respondents submitted that the petitioner's representation, dated 11.10.2021, will be considered by the respondents within a stipulated time that may be fixed by this Court.

6. This Court, without going into the merits of the case, directed the 1st and 2nd respondents to consider the petitioner's representation, dated 11.10.2021, in accordance with law, after providing an opportunity of hearing to the petitioner and to the aggrieved parties if any, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar Psa

To

1. The Tasildhar, Dharapuram Taluk, Tiruppur Taluk.

2. The Taluk Surveyor, Dharapuram Taluk, Tiruppur District.

3. The Village Administrative Officer, Alangiyam Village, Dharapurm Taluk, Tiruppur District.

+1cc to Mr.N.Ponraj, Advocate SR. No.21151 +1cc to Government Pleader SR. No.22266 W.P. No.7462 of 2022 MT (CO) PR (11/04/2022)