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Madras High CourtWP(MD)/2890/2018disposed of

M.Hussaindheen v. The District Collector

2018-02-16Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) Nos.2890 of 2018 and 5831 and 5832 of 2017 M.Hussaindheen ... Petitioner in WP(MD)No.2890/18 Vellaikhader ... Petitioner in WP(MD)No.5831/17 Abdul Salam ... Petitioner in WP(MD)No.5832/17 Vs.

1. The District Collector, Collectorate, Madurai District.

2. The Revenue Divisional Officer, Madurai District.

3. Tha Tahsildar, Madurai East Taluk, Madurai District.

... Respondents in all W.Ps.

Petitions filed under Article 226 Constitution of India to issue a Writ of Mandamus directing the respondents to subdivide the land in Survey No.49/1 in Patta No.35 situated at Paraiyankulam Village Madurai East Taluk No.125 Madurai District to the extent of 1 acre and 52 cents and to issue separate patta in the name of Moomeena Beevi as far as WP(MD)No.2890 of 2018 is concerned, by considering the petitioner's representation dated 30.10.2017 and to issue a separate patta in the name of the petitioners as far as WP(MD)Nos.5831 and 5832 of 2017 by considering theirs representation dated 01.02.2017 . For Petitioners in all WPs : Mr.V.A.Dhana Aravindha Balaji For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader (all W.Ps.) COMMON ORDER These writ petitions have been filed seeking direction to the respondents to sub divide the property in dispute and issue separate patta to them.

2.According to the petitioners, they are the co-owners of the property to an extent of 1 acre and 52 cents in Survey No.49/1 in Patta No.35 situated at Paraiyankulam Village, Madurai East https://hcservices.ecourts.gov.in/hcservices/

Taluk No.125, Madurai District. Subsequently there was a registered partition between themselves and based on the registered partition, they approached the third respondent to sub divide the property and also issue separate patta in their favour. Even though the representations have been given as early as on 30.10.2017 and 01.02.2017, no order has been passed till date. Hence, these writ petitions have been filed.

3.Considering the fact that the representations are pending for long time, the third respondent is directed to consider the petitioners' representations dated 30.10.2017 and 01.02.2017 and pass suitable orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order, after issuing notice to the petitioners and rival claimants if any.

4.With the above direction these writs petitions are disposed of. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Collectorate, Madurai District.

2. The Revenue Divisional Officer, Madurai District.

3. Tha Tahsildar, Madurai East Taluk, Madurai District.

+1cc to M/s. Dhana Law Associates, Sr.No.49124 +1cc to Spl.Government Pleader Sr.No.49820 MJ VB/SKN/RSK/SAR2/28.02.2018/2P/6C WP (MD) Nos.2890 of 2018 5831 and 5832 of 2017 16.02.2018 https://hcservices.ecourts.gov.in/hcservices/