Mathar Sab v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.9490 of 2019 Mathar Sab

...Petitioner

Vs.

1. The Thasildar Denkanikotta Krishnagiri District.

2. The Chief Executive Officer M/s.Rural Institute of Community Education Madagondapalli Denkanikotta, Krishnagiri District.

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to sub divide and grant separate patta in S.No.160/3, Madhakondapalli Village, Denkanikotta Taluk, Krishnagiri District, based on the application dated 24.11.2018. For Petitioner : Mr.S.C.Vishwanth For Respondents: Mr.R.Govindasamy Special Government Pleader for R1

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the first respondent. Since this writ petition is being disposed of without affecting the interest of the second respondent, notice to the said respondent is dispensed with.

2. The petitioner seeks for a mandamus directing the 1st respondent to sub divide and grant separate patta in S.No.160/3, Madhakondapalli Village, Denkanikotta Taluk, Krishnagiri District, based on his application dated 24.11.2018.

3. It is stated that the petitioner had sold one of the properties in S.No.160/3 to M/s.Eastern General Industries Limited, who in turn sold the same to the second respondent herein, which is an Educational Institution. It is further stated that a joint patta was issued in favour of the petitioner and the second respondent in respect of their properties. Hence, https://hcservices.ecourts.gov.in/hcservices/

the petitioner made an on-line application dated 24.11.2018, seeking to subdivide the land and to grant separate patta in his favour. The grievance of the petitioner before this Court is that the said representation has not been considered by the respondents so far. Hence, the present writ petition is filed before this Court with the relief as stated supra.

4. Heard both sides.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner as it is for the 1st respondent to consider and pass appropriate orders on the same on merits and in accordance with law. Thus, this writ petition is disposed of, only with a direction to the 1st respondent to consider the application of the petitioner 24.11.2018 and pass appropriate orders on the same on merits and in accordance with law, after hearing the petitioner, the second respondent and other interested parties, if any. Such exercise shall be done by the 1st respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mk To The Thasildar Denkanikotta Krishnagiri District.

+1cc to Government Pleader sr.no.31603 +1cc to Mr.S.C.Vishwanth, Advocate sr.no.30576 W.P.No.9490 of 2019 ssv(co) nr 06/05/2019 https://hcservices.ecourts.gov.in/hcservices/