Madras High CourtWP(MD)/11074/2021disposed of

Madankumar v. The Revenue Divisional Officer

2021-07-06Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Madankumar ... Petitioner Vs.

1.The Revenue Divisional Officer, Kulithalai, 2.The Tahsildar, Kadavur Taluk Office, Kadavur, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to subdivide and issue separate patta in favour of the petitioner in respective of Survey No.604/1A for an extent of 0.28.75 Hectares (71 Cents), which is situated at Keeranur Revenue Village, Kadavur Taluk, Karur District, on the basis of the petitioner's representation, dated 28.04.2021, within a time frame that may be fixed by this Court.

For Petitioner : Mr.K.Arunraj For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the second respondent to consider the representation made by the petitioner on 28.04.2021, wherein, the petitioner has sought for subdivision of the subject property and for issuance of separate patta in his name.

2. The case of the petitioner is that he had purchased an extent of 71 cents out of 1.42 Acres, through a registered sale deed dated, 26.09.2019 and which was registered as Document No.2391 of 2019. The further case of the petitioner is that there is a joint patta granted in the name of the petitioner and his vendor in Patta No.3156.

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3. The petitioner made a representation / application on 27.04.2021 to the second respondent requesting for the subdivision of the property and for issuance of separate patta insofar as the portion that was purchased by the petitioner. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.K.Arunraj, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing on behalf of 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 second respondent to consider the representation / application made by the petitioner on 27.04.2021 and deal with the same on its own merits and in accordance with law and pass orders within a period of six (6) weeks from the date of receipt of a copy of this order. The second respondent while conducting enquiry shall also issue notice to the vendor of the petitioner.

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

7. This Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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 1.The Revenue Divisional Officer, Kulithalai, 2/3

2.The Tahsildar, Kadavur Taluk Office, Kadavur, +1 CC to M/s.SPL GP ( SR-21528[F] dated 07/07/2021 ) 06.07.2021 kmk(CO) RD(14.07.2021) 3P 4C 3/3