Madras High CourtWP(MD)/13899/2015disposed of

J.V.R. Amarnath, v. The Tahsildar,

2015-08-05Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.13899 of 2015 J.V.R.Amarnath

...Petitioner

Vs.

1.The Tahsildar, Madurai East Taluk, Y.Othakadai, Madurai District.

2.The Taluk Surveyor, O/o.Tahsildar Madurai East Taluk, Y.Othakadai, Madurai District.

...

Respondents This Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to survey and measure and subdivide the petitioner's share of 31 cents out of 4 acres 95 cents in the property comprised in Survey No.167/1 patta No.1389 in Uthankudi Village, Madurai East Taluk, Madurai District within the time as stipulated by this Court.

For petitioner : Mr.P.Gunasekaran For Respondents : Mr.M.Murugan Government Advocate

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to survey, measure and subdivide the petitioner's share, measuring 31 cents out of 4 acres 95 cents in the property comprised in Survey No.167/1, patta No.1389 in Uthankudi Village, Madurai East Taluk, Madurai District within a stipulated time.

2. Mr.M.Murugan, learned Government Advocate takes notice for the respondents.

3. By consent, this Writ Petition itself is taken up final disposal.

4. In the affidavit filed in support of the Writ Petition it has been averred that the property in Re-survey No.157/1 with a larger extent of nearly 4 acres and 95 cents originally belonged to the paternal grandfather of the petitioner by name L.K.Thulasiram. After a long legal battle, the petitioner and the other legal heirs were granted patta and they were in joint possession and enjoyment of the said property. The petitioner https://hcservices.ecourts.gov.in/hcservices/

made application to the respondents requesting them to measure the said property and allocate subdivision number to the petitioner's share measuring 31 cents and the petitioner has also paid necessary fee for the same. But, the application of the petitioner was not considered so far. Hence, the petitioner has come forward with this Writ Petition for the above stated relief.

5. In view of the same, without going into the merits of the matter, the respondents are directed to consider the representation/application of the petitioner, dated 05.06.2015 by affording opportunity to all the necessary parties and pass appropriate orders with regard to survey, measure and sub-divide the share of the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(T&P) /TRUE COPY/ Sub Assistant Registrar To 1.The Tahsildar, Madurai East Taluk, Y.Othakadai, Madurai District.

2.The Taluk Surveyor, O/o.Tahsildar Madurai East Taluk, Y.Othakadai, Madurai District.

+1 CC TO MR.P.GUNASEKARAN, ADVOCATE, SR NO:44827 +1 CC TO M/S.SPL.GOVT.PLEADER, SR NO:44609 W.P(MD).No.13899 of 2015 05.08.2015 PM JAM/21.8.15/2P-5C https://hcservices.ecourts.gov.in/hcservices/