Madras High CourtWP(MD)/15844/2015disposed of

Rani, W/O.Elangovan, v. The Tahsildar,

2015-09-02Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.15844 of 2015 Rani ... Petitioner Vs.

1.The Tahsildar, Palani Taluk, Dindigul District.

2.Firkha Surveyor, Palani Taluk, Dindigul District. ... Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to effect sub-division by fixing the four boundaries to the extent of 4360 sq. ft., 1308 sq. ft., 2451 sq. ft and 3052 sq. ft., in Survey No.451/2D2 situated at Kothaimangalam Village, Palani Taluk as per the petitioner's parental document in Document No.2850/2014, dated 01.07.2010 to issue patta in her name on the basis of the application, dated 02.03.2015.

For petitioner : Mr.D.Venkatesh For Respondents : Mr.M.Murugan, Government Advocate

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the respondents to effect sub-division by fixing the four boundaries to the extent of 4360 sq. ft., 1308 sq. ft., 2451 sq. ft and 3052 sq. ft., in Survey No.451/2D2 situated at Kothaimangalam Village, Palani Taluk, as per the petitioner's parental document in Document No.2850/2014, dated 01.07.2010 to issue patta in her name on the basis of the application, dated 02.03.2015.

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

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

4. Though very many contentions have been raised in the Writ Petition, at the time of making submissions, the learned counsel for the petitioner submitted that if a direction is given to the first respondent to consider the application of the petitioner, dated 02.03.2015, that would suffice.

5. In view of the same, without going into merits of the claim made by the petitioner, this Court directs the first respondent to consider the application of the petitioner, dated 02.03.2015, on merits and in accordance with law, by affording an opportunity of hearing to the petitioner and all the necessary parties, within a period of four weeks https://hcservices.ecourts.gov.in/hcservices/

from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioner and it is for the first respondent to consider the same purely on merits.

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

Sd/- Assistant Registrar(Per.Admin) /True copy/ Sub Assistant Registrar To 1.The Tahsildar, Palani Taluk, Dindigul District.

2.Firkha Surveyor, Palani Taluk, Dindigul District.

+one cc to M/s.D.Venkatesh, Advocate in SR.No.51171 +one cc to The Special Government Pleader, SR.No. 51300 W.P(MD).No.15844 of 2015 02.09.2015 pm CSL/AN-MP/11.09.2015 2p/5c https://hcservices.ecourts.gov.in/hcservices/