Madras High CourtWP(MD)/3595/2018disposed of

Kaliammal v. The Tahsildar

2018-02-21Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.3595 of 2018 Kaliammal ...

Petitioner Vs.

1. The Tahsildar, O/o.Tahsildar Office, Sivakasi, Virudhunagar District 625 512

2. The Surveyor, Sivakasi Taluk Office, Sivakasi, Virudhunagar District 625 512 ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents No.1 & 2 to make sub division and issue individual Patta to the petitioner in the total property extent of 2.52.50 Hectare (6 Acres and 23 cents) in Survey Number 1166/2A situate at Eanjer village Sivakasi Taluk Virudhunagar District based on the application dated 24.10.2017 and the subsequent representation dated 30.01.2018 within a stipulated time fixed by this Court. For Petitioner : Mr.R.Karunanidhi For Respondents : Mrs.J.Padmavathidevi, Special Government Pleader.

ORDER

This writ petition has been filed seeking direction to the respondents 1 and 2 to make sub division and issue individual patta to the petitioner to an extent of 2.52.50 Hectare(6Acres and 23 cents) in Survey Number:1166/2A situated at Eanjer Village, Sivakasi Taluk, Virudhunagar District by considering the representations of the petitioner dated 24.10.2017 and 30.01.2018 within a stipulated time that may be fixed by this Court. 2.According to the petitioner, originally, the land measuring to an extent of 6 acres and 23 cents in the above said survey number belongs to the petitioner's father. After the demise of her father, the petitioner and other legal heirs orally partitioned the property and based on the above partition, now the petitioner seeks to sub-divide the same in favour of the petitioner and other legal heirs. The petitioner has also submitted an application dated 24.10.2017 before the first respondent. Since no order has been passed, the present writ petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/

3.Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the first respondent to consider the application of the petitioner dated 24.10.2017 and pass appropriate orders, on merits and in accordance with law, after issuing notice to all the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition is disposed of.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The Tahsildar, O/o.Tahsildar Office, Sivakasi, Virudhunagar District.

2. The Surveyor, Sivakasi Taluk Office, Sivakasi, Virudhunagar District.

+1cc to Mr.R.Karunanidhi, Advocate Sr.No.49976 +1cc to Spl.Government Pleader Sr.No.50786 SMS VB/SKN/RSK/SAR3/13/03/2018/2P/5C Writ Petition (MD) No.3595 of 2018 21.02.2018 https://hcservices.ecourts.gov.in/hcservices/