Madras High CourtWP(MD)/7511/2022disposed of

Salkamani.R v. The Revenue Divisional Officer

2022-04-21Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.7511 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD).No.7511 of 2022 R.Salkamani ... 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 No.448/2A1 situated at Pudukkottaividuthi Village, Thiruvarangulam Union, Alangudi Taluk, Pudukkottai District, according to the petitioner's sale deed dated 19.06.2018 by considering the petitioner's representations dated 18.06.2021 and 02.03.2022.

For Petitioner : Mr.R.Sevugaraja For Respondents : Mr.M.Lingadurai, Special Government Pleader

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to measure, subdivide and issue separate patta in the name of the petitioner in respect of the Survey No.448/2A1, situated at Pudukkottaividuthi Village, Thiruvarangulam Union, Alangudi Taluk, Pudukkottai District, based on 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 aforementioned property, having purchased the same under a sale deed, dated 19.06.2018. A copy of the sale deed has also been enclosed along with the writ petition. The petitioner also claims that she is in possession of the property, ever since the purchase. The petitioner has submitted her representations on 18.06.2021 and 02.03.2022, seeking for measuring and subdivision of her property and for issuance of separate patta in her name. Since her representations have not been considered till date, the petitioner has filed this writ petition.

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W.P.(MD).No.7511 of 2022 3.Heard Mr.R.Sevugaraja, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.

4.No prejudice will be caused to the respondents, if the petitioner's application seeking for subdivision and issuance of separate patta for the aforementioned property is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary party, whom the second respondent deems fit to consider.

5.For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representations, dated 18.06.2021 and 02.03.2022, seeking for issuance of separate patta in the name of the petitioner and in respect of the property comprised in Survey No.448/2A1 situated at Pudukkottaividuthi Village, Thiruvarangulam Union, Alangudi Taluk, Pudukkottai District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and other necessary parties, whom the second respondent deems fit to enquire, including granting them the right of personal hearing, within a period of three months from the date of receipt of a copy of this order.

6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) TM To 1.The Revenue Divisional Officer, Pudukkottai,Pudukkottai District.

2.The Tahsildar, Alangudi Taluk,Pudukkottai District.

+1 CC to M/s.SPL.GP ( SR-20897[F] dated 25/04/2022 ) W.P.(MD)No.7511 of 2022 21.04.2022 RK(05/05/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2