Mr.M. Sadhagathullah v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.08.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.14062 of 2015 Mr.M.Sadhaqathullah, Rep. By his power of Attorney Mr.Mohammed Haneefa

...Petitioner

Vs.

The Thasildar, Kadaladi Taluk, Kadaladi, Ramnad District.

...

Respondent Prayer:

This Writ Petition has been filed praying for a Writ of Mandamus directing the respondent to issue a separate patta in favour of the petitioner's principal Mr.Sadhagathulla, s/o.Mohammed Haneefa in respect of his 22 cents comprised in S.No.160/1 situates in Valinokkam Village, Kadaladi Taluk, Ramanathapuram District, within a time limit as fixed by this Court.

For petitioner : Mr.P.Gunasekaran For Respondent : Mr.M.Murugan, Government Advocate

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the respondent to issue a separate patta in favour of the petitioner's principal Mr.Sadhagathulla, S/o.Mohammed Haneefa in respect of his 22 cents comprised in S.No.160/1 situated in Valinokkam Village, Kadaladi Taluk, Ramanathapuram District, within a stipulated time.

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

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

4. In the affidavit filed in support of this Writ Petition, it has been averred that the petitioner is the power agent of his son Mr.Sathaqathullah and the property in Survey No.160/1 with a larger extent situated in Valinokkam village originally belonged to one S.V.Basheer Ahamed. The said Basheer Ahamed divided the said land into several plots and an extent of 22 cents with four boundaries was purchased by the younger son of the petitioner by virtue of a registered sale deed, dated 07.10.2011. Subsequently, the petitioner's principal purchased the said property by a registered sale deed, dated 18.06.2012. Now, the petitioner https://hcservices.ecourts.gov.in/hcservices/

has submitted an application to the respondent on 13.08.2013 requesting to sub-divide his property and issue separate patta and the said application was not considered so far and hence, the petitioner has come forward with this Writ Petition for the above stated prayer.

5. In view of the facts and circumstances of the case, this Court directing the petitioner to give a fresh copy of the complaint dated 13.08.2013 along with a copy of this order within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the first respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law, by affording opportunity to all the necessary parties, within a period of four weeks thereafter.

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

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The Thasildar, Kadaladi Taluk, Kadaladi, Ramnad District.

+1cc to M/S.P.Gunasekaran, Advocate in SR.No 44826 +1cc to Special Government Pleader in SR.No. 45209. TS/12.08.2015/2P - 4C KBM/SAR -II W.P(MD).No.14062 of 2015 05.08.2015 https://hcservices.ecourts.gov.in/hcservices/