Mohamed Ali.M v. The Revenue Divisional Officer

W.P.(MD)No.4966 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.4966 of 2021 M.Mohamed Ali .. Petitioner Vs.

1.The Revenue Divisional Officer, Aranthangi Taluk, Pudukottai District.

2.The Thasildar, Manamelkudi Taluk, Pudukottai District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's application dated 26.02.2019 to sub-divide the land measuring to an extent of 30 cents comprised in Survey No.98/2A2B situated at Kattumavadi Village, Manamelkudi Taluk, Pudukottai District and issue patta to the above said land. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.P.Mahendran, Addl Govt. Pleader.

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the second respondent to consider the application submitted by the petitioner on 26.02.2019, wherein the petitioner has sought for the subdivision of the subject property and for issuance of patta in his name.

2. The case of the petitioner is that the subject property originally belonged to his mother, by virtue of a registered sale deed dated 31.08.1971. Thereafter, the mother of the petitioner executed a settlement deed, dated 22.12.2009, in favour of the petitioner and an extent of 30 cents was conveyed in favour of the petitioner.

3. The petitioner thereafter, made an application before the second respondent on 26.02.2019, to survey the property and subdivide the same and issue a fresh patta in the name of the petitioner. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

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W.P.(MD)No.4966 of 2021

4. Heard Mr.T.Lenin Kumar, learned counsel appearing for the petitioner and Mr.P.Mahendran, learned Additional Government Pleader appearing for the respondents.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the second respondent to consider the application submitted by the petitioner on 26.02.2019 and deal with the same, strictly, in accordance with law and take a decision with regard to the survey, subdivision and issuance of patta for the property, within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.

7. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS ) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The Revenue Divisional Officer, Aranthangi Taluk, Pudukottai District.

2.The Thasildar, Manamelkudi Taluk, Pudukottai District.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-16865[F] dated 21/04/2021 ) +1 CC to M/s.SPL GP ( SR-16960[F] dated 21/04/2021 ) W.P.(MD)No.4966 of 2021 20.04.2021 SDS(10.05.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2