R.S.Somasundaram v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 14.10.2019 Coram::

The Honourable Dr.Justice G.Jayachandran W.P.No.27664 of 2019 R.S.Somasundaram, S/o.Shanmuga Sundaram, No.29/8, Govindarajan Street, Ammapet, Salem - 636 003.

... Petitioner /versus/ The Tahsildar, Valapady Taluk, Salem District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondent to Sub Divide the S.F.No.210/7 of Vilampatti Village, Valapady Taluk, Salem District to an extent of 1.50 Acres and issue separate Patta in the name of the petitioner by considering the representation of the petitioner herein dated 29.08.2019, within a reasonable time. For Petitioner : Mr.B.Nalliyappan For Respondent : Mr.J.Purushothaman, Government Advocate

O R D E R

O R D E R

Heard the Learned Counsel for the Petitioner and the Learned Government Advocate for the Respondent.

2. The case of the petitioner is that, he has purchased property comprising S.F.No.210/1 to an extent of 0.81 cents and in S.F.No.210/7 to an extent of 1.50 acres at Vilampatti Village, Valapadi Taluk, Salem District, from one Mr.D.Murugesan S/o.G.V.Devaraj. The Sale Deed was registered at Sub Registrar Office, Ayyothiyapattinam, Salem District, on 26.07.2018. He has given an application to the respondent through online dated 16.11.2018, to Sub Divide the patta and issue separate patta in his name. The respondent/Tahsildar, has issued separate patta in the name of the petitioner in respect of land in S.F.No.210/1. Whereas, in respect of land in https://hcservices.ecourts.gov.in/hcservices/

S.F.No.210/7, instead of issuing separate patta, joint patta has been issued in the name of the petitioner and others. Hence, the petitioner has given representation on 29.08.2019, requesting the respondent to Sub Divide the land and issue separate patta in his name in respect of S.F.No.210/7. Since, the respondent has not issued separate patta, after Sub Division, the present writ petition has been filed.

3. The Learned Government Advocate appearing for the respondent submits that based on the representation given by the petitioner, on 29.08.2019, same has been under process and notice has been issued to the petitioner to appear for enquiry fixed on 24.10.2019. After scrutiny of the records, appropriate orders will be passed.

4. In the light of the above observation, the Writ Petition is disposed of, directing the respondent/Tahsildar, to consider the representation of the petitioner for Sub Dividing the land in S.F.No.210/7 of Vilampatti Village, Valapady, Salem District and pass appropriate orders after due enquiry, within a period of four months, from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(Insp cell) //True Copy// Sub Assistant Registrar bsm To, The Tahsildar, Valapady Taluk, Salem District.

+1cc to the Government Pleader SR.86066 W.P.No.27664 of 2019 JP(CO) CB(18/10/2019) https://hcservices.ecourts.gov.in/hcservices/