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Madras High CourtWP(MD)/20178/2013closed

Vellaiyammal, v. The Thasildar,

2023-03-06Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2023 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.20178 of 2013 Vellaiyammal Petitioner Vs.

1.The Tahsildar, Taluk Office, Srivaikundam Taluk, Tuticorin District.

2.Sakthivel 3.Arulmathi 4.Pitchammal Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 13.11.2013 to issue individual patta in the name of the petitioner from Joint Patta No.380 in New Survey No.942/44 Natham from total extent 0.01.66 situate at Parakiramapandi Village, Srivaikundam Taluk, Tuticorin District after offering opportunity to necessary parties, if any, within the stipulated time prescribed by this Court.

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For Petitioner :Mr.M.Sathiamoorthy For R1 :Mr.S.Saji Bino Additional Government Pleader For R2 to R4 :No appearance

O R D E R

This Writ petition is filed for a Mandamus, directing the first respondent to consider the petitioner's representation dated 13.11.2013 and to issue an individual patta in the name of the petitioner from the joint patta No.380 for Survey No.942/44 Natham, from the total extent of 0.01.66 acres, Parakiramapandi Village, Srivaikundam Taluk, Tuticorin District. 2.Today(06.03.2023), when this Writ Petition is taken up for hearing, the learned counsel appearing for the petitioner submits that individual patta has already been granted to this petitioner and therefore nothing survives in this writ petition. 3.The Special Government Pleader appearing for the official respondent submits that the petitioner can apply for individual patta from the joint patta No.380 in Survey No.942/44, 2/4

only if there is any partition among the holders of the joint patta or if the petitioner is having independent right over the property in S.No. 942/44. He further submits that originally, the petitioner has not made any request for individual patta and he asked for Chitta alone. As per his request, Chitta was granted to this petitioner and the petitioner has also satisfied with the same. The learned Special Government Pleader has also submitted the statement of this petitioner before the Village Administrative Officer to that effect. 4.Recording the submission made by the learned Special Government Pleader, this writ petition is closed. No costs. 06.03.2023 Index: Yes/No Internet: Yes/No vrn To The Tahsildar, Taluk Office, Srivaikundam Taluk, Tuticorin District.

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B.PUGALENDHI, J vrn Order made in W.P(MD) No.20178 of 2013 06.03.2023 4/4