Madras High CourtWP/19610/2016disposed of

R.Lakshmi v. The Tahsildhar

2016-06-10Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.19610 of 2016 R.Lakshmi ..

Petitioner Vs.

1.The Tahsildar, Arakkonam Taluk, Arakkonam, Vellore District.

2.The District Collector, Vellore District, Vellore.

3.The Additional Director, Land Survey and Records, Survey House, Chepauk, Chennai - 600 005.

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the first respondent to subdivide the lands comprised in Survey No.294/1, 294/2, 296, 297/2, 297/3, 300/2, Aathur Village, Arakkonam Taluk, Vellore District and issue separate patta in favour of petitioner by considering her representation dated 17.04.2015.

For Petitioner : Mr.B.Vijay For Respondents : Mr.V.S.Ramesh Government Advocate

ORDER

By consent, the writ petition is taken up for final disposal. The petitioner would state that his deceased father, viz., Muthiyal Naidu had owned and possessed lands admeasuring to an extent of 3.47 acres in Suvey Nos.294/1, 294/2, 296, 297/2, 297/3 and 300/2 situated at Aathur Village, Arakonam Taluk, Vellore District and her father died intestate on 09.10.2015, leaving behind his wife Saradammal, two sons, viz., Babu and Srinivasan and three daughters, viz., Manobai, Vasanthammal and Lakshmi [petitioner herein]. The mother of the petitioner also died intestate on 03.08.2004 and they have been issued with joint patta No.291 under the provisions of the Tamil Nadu Patta Passbook Act. https://hcservices.ecourts.gov.in/hcservices/

The petitioner with an intention to get separate patta in her favour, made an application to the 1st respondent on 17.04.2015 for sub-division of lands, which was followed by reminder dated 05.10.2015 and since no orders have been passed, the petitioner came forward to file this writ petition.

Heard the submissions of Mr.V.S.Ramesh, learned Government Advocate who accepts notice on behalf of the respondents.

Though the petitioner prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 1st respondent to consider the application of the petitioner dated 05.10.2015 on merits and in accordance with law, after putting on notice the persons concerned and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the persons concerned.

The writ petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar AP To 1.The Tahsildar, Arakkonam Taluk, Arakkonam, Vellore District.

2.The District Collector, Vellore District, Vellore.

3.The Additional Director, Land Survey and Records, Survey House, Chepauk, Chennai - 600 005.

1 cc to Mr. B. Vijay, Advocate, Sr. 31459 W.P.No.19610 of 2016 RK (CO) kk 21/6 https://hcservices.ecourts.gov.in/hcservices/