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Madras High CourtWP(MD)/2820/2024disposed of

Ponnarasi v. The District Collector

2024-02-09Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 09.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.2820 of 2024 Ponnarasi

...Petitioner

/Vs./ 1.The District Collector, Pudukottai District, Pudukottai.

2.The Thashildar, Iluppur Taluk, Pudukottai District.

3.The Surveyor, Iluppur Taluk, Pudukottai District.

...Respondents

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to subdivide the land and issue a patta comprised in Survey No.66/1, situated at Kothandaramapuram Village, Iluppur Taluk, Pudukottai to an extent of 0.29.0 ares (9 cents) based on the petitioner's representations dated 12.08.2022, 25.08.2023 and 28.08.2023 within a stipulated time fixed by this Court. 1/6

For Petitioner : Mr.P.Sivachandran For Respondents : Mr.D.Gandhiraj Special Government Pleader

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the 2nd respondent to subdivide the land and issue a patta comprised in Survey No.66/1, situated at Kothandaramapuram Village, Iluppur Taluk, Pudukottai to an extent of 0.29.0 ares (9 cents) based on the petitioner's representations dated 12.08.2022, 25.08.2023 and 28.08.2023 within a stipulated time fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the subject property originally belonged to one Manimozhi, who filed a suit for partition against the petitioner and her husband. On compromise, it was settled in lok adalat. An Execution 2/6

petition was filed by the petitioner and her husband, which was also ordered. Since then the petitioner is in possession and enjoyment of the subject property. The petitioner made representations to the respondents on 12.08.2022, 25.08.2023 and 28.08.2023 regarding subdivision and issuance of patta in the petitioner's name. Since the same has not been considered till date, the present writ petition has been filed.

4.

The learned Special Government Pleader appearing for the respondents submits that the petitioner's representations will be disposed of in accordance with law by the respondents within the time stipulated by this Court.

5. In view of the above said submission, this Court, without expressing any opinion on the merits of the matter, directs the respondents to consider the representations of the petitioner, 12.08.2022, 25.08.2023 and 28.08.2023 submitted regarding subdivision and issuance of patta in the petitioner's name and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 3/6

6. With the above directions, this writ petition is disposed of. No costs. 09.02.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 4/6

TO:- 1.The District Collector, Pudukottai District, Pudukottai.

2.The Thashildar, Iluppur Taluk, Pudukottai District.

3.The Surveyor, Iluppur Taluk, Pudukottai District.

5/6

V.BHAVANI SUBBAROYAN, J.

sm Order made in W.P(MD)No.2820 of 2024 Dated:

09.02.2024 6/6