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Madras High CourtWP(MD)/9042/2021disposed of

Tamilselvi v. The Tahsildhar

2021-04-30Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.9042 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.9042 of 2021 Tamilselvi ... Petitioner Vs.

The Tahsildar, Thirumayam Taluk, Pudukottai District.

... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the respondent to Subdivide the properties in Sy.No.473/1, 473/7, Thulayanur Village, Thirumayam Panchayat Union, Pudukottai District and issue patta in the name of the petitioner, by considering the petitioner's application in No.2020/0105/22/078789, dated 24.02.2020, within the time stipulated by this Court. For Petitioner : Mr.R.Balakrishnan For Respondent : Mr.B.Bhagawathy, Government Advocate

ORDER

This Writ petition has been filed for the issuance of Writ of Mandamus, directing the respondents to act upon the application submitted by the petitioner, on 24.02.2020, wherein, the petitioner has sought for the sub division of the subject properties and for the issuance of the patta in his name.

2.The case of the petitioner is that the subject property was purchased by her mother and the patta also stood in the name of the vendor, who sold the property to the petitioner's mother. The further case of the petitioner is that her mother executed a registered settlement deed in her favour, on 28.06.2019. 3.The petitioner submitted an application to the respondent, seeking for the sub division of the property and for transfer of patta in her name, on 24.12.2020. The grievance of the petitioner is that there has been absolutely no progress and left with no other option, the present writ petition has been filed, seeking for appropriate directions.

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W.P.(MD).No.9042 of 2021 4.Heard R.Balakrishnan, learned counsel for the petitioner and Mr.B.Bhagawathy, learned Government Advocate, for the respondents. 5.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the respondent to consider the application submitted by the petitioner, on 24.02.2020 and take a decision with regard to the sub division of the property and issuance of patta in the name of the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. If there are any other interested parties, notice shall also be given to them before taking a final decision.

6.The petitioner is directed to make a fresh representation to the respondent along with all the relevant documents and also a copy of this order.

7.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Tahsildar, Thirumayam Taluk, Pudukottai District.

+1 CC to M/s.GP ( SR-18403[F] dated 03/05/2021 ) W.P.(MD).No.9042 of 2021 30.04.2021 AS(09.06.2021)3P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2