V.Vijayasekar v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.28740 of 2022 V.Vijayasekar ... Petitioner Vs.

1.The Thasildar, Thasildar Office, Dharmapuri Taluk, Dharmapuri District.

2.The Head Surveyor, Dharmapuri Taluk, Dharmapuri District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to make sub division and issue a joint patta for the property bearing Survey No.505/4A admeasuring to an extent of 40 cents located at Vellegoundanpalayam, Dharmapuri by considering the petitioner's representation dated 22.09.2022. For Petitioner :

Mr.V.Balamurugan For Respondents :

Mr.U.Bharanidharan, Additional Government Pleader Page No.1 of 6

O R D E R

By consent of both the parties, the writ petition is taken up for final disposal at the time of admission stage itself.

2. The petitioner has filed this petition seeking for issuance of Writ of Mandamus directing the 1st respondent to make sub division and issue a joint patta for the property bearing Survey No.505/4A admeasuring to an extent of 40 cents located at Vellegoundanpalayam, Dharmapuri by considering the petitioner's representation dated 22.09.2022.

3. The case of the petitioner is that the petitioner and M.G.Sankar have jointly purchased the property comprised in S.No.505/44 to an extent of 40 cents situated at Vellegoundanpalaym, Dharmapuri from one Mullaikarasi. Since after the purchase, the petitioner and M.G.Sankar have jointly enjoying the property. Thereafter, they both made an application dated 22.09.2022 before the first respondent to make a Sub Division and issue joint patta in the name of petitioner and M.G.Sankar and they have also made application before the first respondent on 22.09.2022, however, till date, no joint patta was issued. Aggrieved over the same, the petitioner has filed this writ Page No.2 of 6

petition.

4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner would submit that it would suffice if this Court issues direction to the first respondent to consider the petitioner's representation dated 22.09.2022 and pass appropriate orders on merits, within a time frame that may be fixed by this Court.

5. Learned Additional Government Pleader appearing for the respondents would submit that he has no objection for the said order being passed.

6. Heard the learned counsel on either side and perused the materials placed on record.

7. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 22.09.2022 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. Page No.3 of 6

8. With the aforesaid direction, this Writ Petition is disposed of. No costs.

01.11.2022 vm Index :

Yes/No Speaking Order :

Yes/No Copy To:

1.The Thasildar, Thasildar Office, Dharmapuri Taluk, Dharmapuri District.

2.The Head Surveyor, Dharmapuri Taluk, Dharmapuri District.

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M.DHANDAPANI,J.

vm Page No.5 of 6

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