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Madras High CourtWP/32167/2022disposed of

D.Rajammal v. The Tahsildar

2022-11-30Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI D.Rajammal ...

Petitioner Vs

1. The Tahsildar, Rasipuram Taluk, Namakkal District.

2. Sathyamurthy ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st Respondent herein to issue separate patta by sub-division in the petitioners name pertaining to the lands measuring 1 acre 30 cents in Survey No. 33/3B(part) 2 acres 46.5 cents in Survey No. 34/2B(part) and 2 acres 75 cents in Survey No. 207/2 (part), 2 acres 46.5 cents in survey No.34/2B (part) & 2 acres 75 cents in Survey No.207/2 (part) in all measuring 6 acres 51.5 cents covered in the joint patta bearing Nos.423 & 334 situated at Singalanthapuram Village, Rasipuram Taluk, Namakkal District based on her sub-division and patta name transfer application bearing No.2022/0105/09/189320 dated 29.08.2022 as per the decree passed by the learned District Munsif Court, Rasipuram in O.S.No.110 of 2010 dated 07.08.2015. 1/5

For Petitioner : Mr. G.Karthikeyan For Respondents : Mr.U.Bharanidharan, AGP

ORDER

Heard the learned counsel for the petitioner as well as the learned Addl. Government Pleader for the respondents and perused the materials available on record. Since there is no adverse are passed against the second respondent and hence, the presence of the second respondent is dispensed with.

2. The petitioner has made an application on 29.08.2022 before the fist respondent to issue separate patta by sub-division in the petitioners name pertaining to the lands measuring 1 acre 30 cents in Survey No. 33/3B(part) 2 acres 46.5 cents in Survey No. 34/2B(part) and 2 acres 75 cents in Survey No. 207/2 (part), 2 acres 46.5 cents in survey No.34/2B (part) & 2 acres 75 cents in Survey No.207/2 (part) in all measuring 6 acres 51.5 cents covered in the joint patta bearing Nos.423 & 334 situated at Singalanthapuram Village, Rasipuram Taluk, Namakkal District based on 2/5

her sub-division and patta name transfer application bearing No.2022/0105/09/189320 dated 29.08.2022 as per the decree passed by the learned District Munsif Court, Rasipuram in O.S.No.110 of 2010 dated 07.08.2015.

3. Learned counsel for the petitioner submitted that this Court may issue a direction to the first respondent to consider the representation made by the petitioner dated 29.08.2022 and pass appropriate order within the stipulated time as fixed by this Court.

4. Considering the facts and circumstances of the case and in view of the limited request made by the petitioner, this Court directs the first respondent to consider the petitioner's representations dated 29.08.2022 and pass appropriate orders on merits and in accordance with law, after providing opportunity to the petitioner as well as the second respondent, within a period of twelve weeks from the date of receipt of a copy of this order.

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5. With the above directions, the writ petition is disposed of. No costs.

30.11.2022 Rli Index:Yes/No Internet:Yes/No Speaking/Non speaking To The Tahsildar, Rasipuram Taluk, Namakkal District.

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M.DHANDAPANI, J.

Rli 30.11.2022 5/5