← Library
Madras High CourtWP/32153/2022disposed of

N.Swaminathan 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 N.Swaminathan ...

Petitioner Vs

1. The Tahsildhar, Kalasapakkam Taluk, Thiruvannamalai District.

2. The Surveyor, Kalasapakkam Taluk, Thiruvannamalai District.

... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to survey and issue individual patta by making sub division in favour of the petitioner in respect of the property situated in Survey No. 1016/ 5A1 at Pattiyandal Village Hamlet of Kadaladi Village Kalasapakkam Taluk Tiruvannamalai District within a reasonable time as this Honble court may deem fit proper. For Petitioner : Mr.Ali Hassan Khan For Respondents : Mr.U.Bharanidharan, AGP 1/5

ORDER

This petition has been filed seeking a direction to the respondents to survey and issue individual patta by making sub division in favour of the petitioner in respect of the property situated in Survey No. 1016/ 5A1 at Pattiyandal Village, Hamlet of Kadaladi Village, Kalasapakkam Taluk , Tiruvannamalai District.

2. 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.

3. It is the case of the petitioner that the petitioner is in possession and enjoyment of the agricultural property situated in S.No.1016/5A1 at Pattiyandal Village, Kadaladi Revenue Village, Kalasapakkam Taluk, Thiruvannamalai District and the said property was purchased by the petitioner's father from one Vadamalai. The above said property was settled to the petitioner by his father vide release deed dated 06.08.1990. However, 2/5

till date, the patta in respect of the subject property stands in the name of the petitioner's vendor and no sub division was made as on date. Therefore the petitioner made a representation dated 29.10.2022 to the first respondent. However, till date, the first respondent has not taken any steps and hence, the petitioner has filed the present writ petition seeking an appropriate remedy.

4. Learned counsel for the petitioner submitted that this Court may issue a direction to the first respondent to consider a representation made by the petitioner dated 29.10.2022 and pass appropriate order within the stipulated time as fixed by this Court.

5. 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 29.10.2022 and to pass appropriate orders on merits and in accordance with law, after providing opportunity to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. 3/5

6. 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

1. The Tahsildhar, Kalasapakkam Taluk, Thiruvannamalai District.

2. The Surveyor, Kalasapakkam Taluk, Thiruvannamalai District.

4/5

M.DHANDAPANI, J.

Rli 30.11.2022 5/5