R.Ananth Kumar v. The Village Administrative Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.7055 of 2023 R.Ananth Kumar ... Petitioner vs.

1.The Village Administrative Officer, Melakottai Village, Thirumangalam (Taluk), Madurai - 625 706.

2.The Tahsildar, Tahsildar Office, Thirumangalam (Taluk), Madurai - 625 706.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct first respondent for Sub Division in respect of an extent of 50 Cents in Survey No.432/1 with fixing the correct and its boundaries and demarcation of the land by fixing the survey stone and issue patta in favour of petitioner and petitioner's mother Mrs.Ganthimathi.

For Petitioner :Mr.M.Madhu Prakash For Respondents :Mr.N.Muthu Vijayan Special Government Pleader ***** 1/5

O R D E R

This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the second respondent/Tahsildar, Tirumangalam, Madurai, to sub divide the land in S.No.432/1 to an extent of 50 cents and thereafter, issue patta in the name of the petitioner with respect to 25 cents and in the name of the petitioner's mother, Ganthimathi, for 25 cents.

2.Heard Mr.M.Madhu Prakash, learned Counsel for the petitioner and Mr.N.Muthu Vijayan, learned Special Government Pleader for the respondents.

3.it is stated in the affidavit that the total area of 100 cents was originally in the name of R.Mahendran, the father of the petitioner herein. There was an internal partition and the father of the petitioner retained 50 cents and the 50 cents was divided into two equal half with one half of 25 cents being allotted to the mother of the petitioner, Ganthimathi and the other half of 25 cents being allotted to the petitioner 2/5

herein, R.Anandkumar. The petitioner seeks such sub division and separate patta.

4.The learned Special Government Pleader stated that an enquiry is on going.

5.A direction is given to the second respondent/Tahsildar to get necessary report from the first respondent and thereafter, issue notice to the petitioner, mother of the petitioner, father of the petitioner and examine the documents, which they produce and thereafter, take a decision with respect to the compliance as stated in the representation given by the petitioner herein. If there are any objection raised by anybody else, they may also be noted. If the documents are in order, necessary compliance may be done. The entire exercise must be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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6.The Writ Petition stands disposed of. No costs. Index :Yes / No 22.06.2023 Internet :Yes NCC : Yes/No cmr To 1.The Village Administrative Officer, Melakottai Village, Thirumangalam (Taluk), Madurai - 625 706.

2.The Tahsildar, Tahsildar Office, Thirumangalam (Taluk), Madurai - 625 706.

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C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)No.7055 of 2023 22.06.2023 5/5