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Madras High CourtWP/14197/2018disposed of

S.Fayaz Mohamed v. The State Of Tamilnadu

2019-01-10Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.01.2019

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.14197 of 2018 S.Fayaz Mohamed Petitioner Vs 1.The State of Tamil Nadu, Rep.by District Collector, Kancheepuram District, Kancheepuram.

2.The Tahsildar, Office of Tahsildar, Sriperumbudur, 3.The Firka Surveyor, Sunguvar Chatram, 4.The Village Administratiove Officer, Etchoor Village, Sriperumbudur Taluk, Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of writ, directing the 2nd respondent to issue patta as per the representation dated 15.05.2017 and the subsequent representation dated 02.04.2018 that was received by the 2nd respondent on 04.04.2018 by issuing patta in the joint name of the petitioner, his mother and sisters within the period stipulated by this Hon'ble Court. For Petitioner : Mr.S.Balasubramanian For Respondents: Mr.N.Inbanathan Additional Government Pleader

O R D E R

The petitioner has come up with this Writ Petition seeking a direction to the second respondent to issue patta as per the representation dated 15.05.2017 and the subsequent representation dated 02.04.2018 that was received by the 2nd respondent on 04.04.2018 in the joint name of the petitioner, his mother and sisters.

2. According to the learned counsel for the petitioner, the petitioner made representation to the second respondent on 02.04.2018, seeking to subdivide the petitioner's property and issue patta in the name of the petitioner, his mother and his sisters. Since, no action has been taken on the same till date, the petitioner has come forward with this Writ Petition seeking for the aforesaid relief.

3.

Heard Mr.N.Inbanathan, learned Additional Government Pleader who appears on behalf of the respondents.

4. Considering the facts and circumstances of the case and having regard to the submissions made, without going into the merits of the case, this Court directs the second respondent to pass orders on the representation of the petitioner dated 02.04.2018, on merits and in accordance with law, after issuing notice to the petitioner and also affording due opportunity of hearing to him as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS iii) //True Copy// Sub Assistant Registrar arr To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Tahsildar, Office of Tahsildar, Sriperumbudur,

3.The Firka Surveyor, Sunguvar Chatram, 4.The Village Administratiove Officer, Etchoor Village, Sriperumbudur Taluk, +1cc to Mr.S.Balasubramanian , Advocate SR.No. 265 +1 CC TO GOVERNMENT PLEADER SR.NO. 3255 W.P.No.14197 of 2018 A.SK(07/02/2019)