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Madras High CourtWP/32150/2024disposed of

Mekala v. The Tahsildar

2024-10-28Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Mekala ... Petitioner Vs.

The Tahsildar, Omalur Taluk, Salem District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the Respondent to survey and point out the field boundaries of the petitioner's property comprised in survey numbers 70/5B and 70/2 at Thindamangalam village, Omalur Taluk, Salem District to an extent of 40 1⁄2 cents by fixing stones and subsequently issue separate patta in favour of the petitioner in pursuance proceeding of the SubRegistrar, Omalur, Salem District bearing No.TNGRS/ 2024/ rural/ 35640530/ 29082024172221 dated 29.08.2024.

For Petitioner : Mr.C.Deepak Kumar For Respondent : Mr.A.Selvendran Special Government Pleader 1/4

ORDER

The petitioner herein seeks a direction to issue separate patta in respect of the property purchased by her under sale deed dated 29.08.2024.

2. It is the case of the petitioner that she purchased 40 1⁄2 cents of land in survey No.70/5B and 70/2 at Thindamangalam Village, Omalur Taluk, Salem District under registered sale deed dated 29.08.2024. The sale deed was registered on the file of Sub-Registrar, Omalur as Document No.9063 of 2024. The Sub-Registrar sent a communication to the Respondent in acknowledgment number TNIGRS/2024/Rural/35640530/29082024172221 regarding the purchase made by the petitioner to enable the Respondent to effect sub-division of the property and issue separate patta. The communication was sent to the Respondent on 29.08.2024 by the concerned Sub-Registrar and in spite of the same till date the Respondent has not effected sub-division or issued separate patta in respect of the petitioner. Hence, the petitioner has come before this Court.

3. The learned Special Government Pleader who takes notice for the Respondent would submit that necessary action will be taken by the Respondent 2/4

as per the communication of the Sub-Registrar dated 29.08.2024 within the time stipulated by this Court.

4. In view of the same without going into the merits of the claim made by the petitioner, the Respondent is directed to act on the communication of the Sub-Registrar, Omalur dated 29.08.2024 in acknowledgment number TNIGRS/2024/Rural/35640530/29082024172221 and pass final orders on its own merits within a period of 6 weeks from the date of receipt of a copy of this order.

5. Accordingly, the writ petition is disposed of. No costs. 28.10.2024 Speaking (or) Non Speaking Order Index : Yes/ No mka To:

The Tahsildar, Omalur Taluk, Salem District.

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S. SOUNTHAR, J.

mka 28.10.2024 4/4