Madras High CourtWP/16120/2017disposed of

P.Amudha v. The Sub Collector/Revenue

2017-06-28Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.16120 of 2017 P.Amudha .. Petitioner Vs

1. The Sub Collector/ Revenue Divisional Officer Mettur Revenue Division Mettur Dam Salem District

2. The Tahsildar Omalur Taluk Mettur Dam Salem District

3. The Taluk Land Surveyor Office of Omalur Taluk Omalur Salem District .. Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 2nd and 3rd respondents to sub divide and issue separate patta in the name of petitioner viz. P.Amudha after surveying the agricultural land/ property in respect of S.No.41/7 total an extent of 3.68 Acres situated at Sakkarachettypatty Village Omalur Taluk Salem District within stipulated time. For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.S.V.Doraisolaimalai, AGP

O R D E R

Mr.S.V.Doraisolaimalai, learned Additional Government Pleader, takes notice for the respondents. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents 2 and 3 to sub divide and issue separate patta in her name viz. P.Amudha,

after surveying the agricultural land/property in respect of S.No.41/7, measuring an extent of 3.68 acres, situated at Sakkarachettypatty Village, Omalur Taluk, Salem District, within a time frame.

3. The learned counsel appearing for the petitioner submitted that the petitioner gave an application on 25.01.2017 for sub division and she has also given a representation dated 30.01.2017 for the said reason. But, till date, no order has been passed.

4. Mr.S.V.Doraislaimalai, learned Additional Government Pleader, appearing for the respondents submitted that the respondents 2 and 3 may be directed to consider the petitioner's application and representation and pass orders in accordance with law.

6. Having regard to the submissions made by the learned counsel on either side, on payment of necessary charges, the respondents are directed to consider the petitioner's application dated 25.01.2017 and the representation dated 30.01.2017 for sub dividing the property and for issuance of fresh patta and complete the exercise in accordance with law, after giving notice to all the interested parties, within six weeks from the date of receipt of a copy of this order. With this observation, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rg To

1. The Sub Collector/ Revenue Divisional Officer, Mettur Revenue Division, Mettur Dam, Salem District.

2. The Tahsildar, Omalur Taluk, Mettur Dam, Salem District.

3. The Taluk Land Surveyor, Office of Omalur Taluk, Omalur, Salem District.

+1cc to Mr.M.R.Jothimanian, Advocate, S.R.No.44825 W.P.No.16120 of 2017 CS/04/07/17