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Madras High CourtWP/37851/2024allowed

S.N.Rajeswari Ammal v. The Tahsildar

2024-12-19Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA S.N.Rajeswari Ammal ... Petitioner Vs.

The Tahsildar Kurinjipadi , Kurinjipadi Taluk, Cuddalore District.

...Respondent

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the respondent to issue notice to owners and occupants of New S.No.630/1B, 630/2A and 630/2B in Puliyur East Village, Kurinjipadi Taluk, Cuddalore District measure the aforesaid properties issue separate survey number and patta to petitioner in respect of Ac.2.02 in Puliyur East Village, Kurinjipadi Taluk, Cuddalore District purchased by her with reference to the boundaries in her sale deed dated 22.06.1995, by considering the representation given by the petitioner dated 30.09.2024.

For Petitioner : M/s.D.Baskar For Respondents : M/s.S.Jayachandran, Govt. Advocate for sole respondent 1/4

O R D E R

The above Writ Petition is filed for the following reliefs:- "Directing the respondent to issue notice to owners and occupants of New S.No.630/1B, 630/2A and 630/2B in Puliyur East Village, Kurinjipadi Taluk, Cuddalore District measure the aforesaid properties issue separate survey number and patta to petitioner in respect of Ac.2.02 in Puliyur East Village, Kurinjipadi Taluk, Cuddalore District purchased by her with reference to the boundaries in her sale deed dated 22.06.1995, by considering the representation given by the petitioner dated 30.09.2024."

2. Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the respondents.

3. Considering the limited prayer that is sought and also considering the the fact that the petitioner's representation dated 30.09.2024 has not been considered to date, a mandamus is issued to the respondent to consider the petitioner's representation dated 30.09.2024 for subdividing the subject property and issuing a separate patta. The petitioner shall submit all the relevant records to show her title to the subject property and the respondent shall, after issuing notice to the adjacent land owners, interested parties and pattadars, hold an enquiry and thereafter pass orders either 2/4

subdividing the property or rejecting the request. In the case of rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 5 months from the date of receipt of a copy of this order. No costs.

4. With the above directions, this Writ Petition is allowed. No costs. 19.12.2024 (shr) Index : Yes/No Speaking Order: Yes/No To The Tahsildar Kurinjipadi , Kurinjipadi Taluk, Cuddalore District.

P.T. ASHA . J., (shr) 3/4

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