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Madras High CourtWP(MD)/7491/2022disposed of

Pappa.C v. The Revenue Divisional Officer

2022-04-20Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.Pappa ... Petitioner /Vs./

1. The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

2. The Tahsildar, Alangudi Taluk, Pudukkottai District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to measure and sub-divide and also issue a separate Patta in the name of the petitioner in survey number 448/2A1 situated at Pudukkottaividuthi Village, Thiruvarangulam Union, Alangudi Taluk, Pudukkottai District according to her sale deed dated 19.06.2018 registered as Document No.1763/2018 considering her representations dated 18.06.2021 and 02.03.2022.

For Petitioner : Mr.R.Sevugaraja For Respondents : Mr.T.Amjad Khan Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first and second respondents to take necessary steps to measure and sub-divide and also issue a separate Patta in the name of the petitioner in survey number 448/2A1 situated at Pudukkottaividuthi Village, Thiruvarangulam Union, Alangudi Taluk, Pudukkottai District, based on the sale deed dated 19.06.2018 registered as Document No.1763/2018 by considering the petitioner's representations dated 18.06.2021 and 02.03.2022, within a time frame to be fixed by this Court.

2.The petitioner claims that she is the absolute owner of the property in S.No.448/2A1 situated at Pudukkottaividuthi Village, Thiruvarangulam Union, Alangudi Taluk, Pudukkottai District, under the sale deed dated 19.06.2018.

3.The petitioner seeks for survey and demarcation of the boundaries in respect of the aforementioned property. She also seeks for a separate patta in her name for the aforementioned property. 1/3

She has filed documents along with this writ petition to substantiate her case that she is the owner of the aforementioned property. It is for the respondents to consider the same on merits and in accordance with law. The petitioner has given representations in this regard on 18.06.2021 and 02.03.2022 to the respondents, calling upon them to conduct survey and demarcation of boundaries and also issue a separate patta in her favour. The said representation has not been considered till date. In such circumstances, the petitioner has filed this writ petition. 4.Heard Mr.R.Sevugaraja, learned Counsel appearing for the writ petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents.

5.No prejudice would be caused to the second respondent, if the petitioner's representations are considered on merits and in accordance with law after affording a fair hearing to the petitioner as well as any other necessary party, whom the second respondent deems fit to enquire. The petitioner seeks for survey and demarcation of the boundaries. She also seeks for issuance of separate patta in her name.

6.For the foregoing reasons, this Court directs the second respondent to survey and demarcate the petitioner's property in 448/2A1 situated at Pudukkottaividuthi Village, Thiruvarangulam Union, Alangudi Taluk, Pudukkottai District, in the presence of the petitioner and any other necessary party, whom the second respondent deems fit to put on notice and demarcate the boundaries thereafter within a period of twelve [12] weeks from the date of receipt of a copy of this order.

7.After survey and demarcation of the boundaries is completed, the second respondent shall consider the petitioner's representations dated 18.06.2021 and 02.03.2022 seeking for issuance of separate patta in her name and pass final orders on merits and in accordance with law within a period of twelve [12] weeks thereafter, after affording a fair hearing to the petitioner and any other necessary party, whom the second respondent deems fit to enquire. 8.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 2/3

To

1. The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

2. The Tahsildar, Alangudi Taluk, Pudukkottai District.

+1 CC to M/s.SPL.GP ( SR-20070[F] dated 21/04/2022 ) order made in Dated:

20.04.2022 AC(CO) GC(10.05.2022) 3P 4C 3/3