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Madras High CourtWP/30564/2019dismissed

Vinothkumar v. The Thasildar

2019-11-13Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 13.11.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.30564 of 2019 Vinothkumar ...

Petitioner

Versus

The Tahsildar, Mettupalayam Taluk, Mettupalayam, Coimbatore District.

...

Respondent COMMON PRAYER:-Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to take appropriate action upon the petitioner's online application dated 18.06.2019.

For Petitioner ..

Mr.N.Chinnaraj For Respondent ..

Mr.J.Purushothaman, Government Advocate

O R D E R

The petitioner herein has filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the respondent to take appropriate action upon the petitioner's online application dated 18.06.2019.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

3. The petitioner herein claiming ownership over the property to an extent of 21.65 1/4 acres at Velliangadu Village, Mettupalayam Taluk, Coimbatore District has sought for separate patta from the respondent. His application dated 18.06.2019, seeking sub-division of survey field and issuance survey patta has not been considered. Hence, the present Writ Petition.

4. On notice, the Tahsildar, Mettupalayam appeared before this Court through Government Advocate wherein, he has stated that the petitioner herein seeks patta for the property to an extent of 21.65 1/4 acres based on sale deed dated 22.09.2016, https://hcservices.ecourts.gov.in/hcservices/

he has requested to sub-divide the property and issue separate patta. However, on enquiry, during the field visit the neighbouring land owner has stating that there is a civil suit pending in respect of the property against the petitioner's vendor Jegadeesan in Sub-Court, Mettupalayam in O.S.No.106/19 and therefore, the request for the petitioner herein to subdivide the land has been rejected in view of the civil suit pending.

5. From the affidavit filed along with this Writ Petition, this Court does not find any information or material regarding the suit pending, the neighbouring land owner and the vendor of the petitioner. If there is no title regarding the suit property, the respondent cannot act upon the request of the petitioner herein.

6. Hence, the Writ Petition is dismissed with liberty to the petitioner herein to workout his remedy before the Civil Court which has seized of the matter as per the report of the respondent. No costs.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar nvi To The Tahsildar, Mettupalayam Taluk, Mettupalayam, Coimbatore District.

+1cc to Mr.N.Chinnaraj, Advocate, S.R.No. 94482 +1cc to the Government Pleader, S.R.No. 94615 Writ Petition No.30564 of 2019 GP(CO) GN(02/12/2019) https://hcservices.ecourts.gov.in/hcservices/