Madras High CourtWP/10912/2018dismissed

K.Kandasamy, v. The Tahsildar,

2018-04-28Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.10912 of 2018

1. K.Kandasamy

2. K.Mani .. Petitioners -vs1. The Tahsildar Paramathivelur Taluk Namakkal District

2. Periasamy S/o Kandasamy Gounder ..

Respondents Prayer:Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to issue patta to the petitioners in respect of immovable property situate at Survey No.52/4, Kabilakurichi Village, Paramathivelur, Namakkal District, within the time frame to be stipulated by this Hon'ble Court. For Petitioners :: Mr.T.S.Rajamohan For Respondents :: Mr.D.Suriyanarayanan Additional Government Pleader for R1

ORDER

This writ petition has been filed seeking a mandamus to the first respondent to issue patta in respect of the undivided share of land covered in Survey No.52/4 situate at Kabilakurichi Village, Paramathivelur, Namakkal District. This Court is not able to appreciate the prayer made by the petitioner, for the simple reason that when the undivided share of land in the aforementioned survey number has not been till date divided, it would be highly impossible for either the Tahsildar or even the land Surveyor to identify the layout. Even if any order is passed by this Court, it would be difficult for the Tahsildar or the land Surveyor to locate the land.

Therefore, the petitioners should have approached the appropriate authority before asking for issuance of patta for sub division of the land in question. Since this has not been done, this Court is not https://hcservices.ecourts.gov.in/hcservices/

inclined to entertain the writ petition. Accordingly, the writ petition fails and it is dismissed. Consequently, W.M.P.No.12839 of 2018 is also dismissed. No costs.

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

1. The Tahsildar Paramathivelur Taluk Namakkal District +1cc to Mr.T.S.Rajamohan, Advocate Sr.No.32171 +1cc to Government Pleader sR.No.32705 SSV(CO) sm:16.5.2018 W.P.No.10912 of 2018 https://hcservices.ecourts.gov.in/hcservices/