A.Abdul Karim v. The Tahsildar
W.P.(MD)No.14452 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2020
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.14452 of 2019 A.Abdul Karim ... Petitioner Vs.
1.The Tahsildar, Taluk Office, Natham, Dindigul District.
2.The Head Surveyor, Taluk Office, Natham, Dindigul.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, for measuring the lands are situated in S.Nos.98/3, 400/1, 415/8B, 420/1B of Sirankattupattu Village, Natham Taluk, Dindigul and change the patta in the petitioner's name along with other legal heir of petitioner's grandfather by considering the petitioner's representation dated 10.10.2018 in application number 2018/0105/13/081107 by the respondents.
For Petitioner : Mr.S.Sivakumar For Respondents : Mr.P.Kannidevan Additional Government Pleader
ORDER
This writ petition is filed to direct the respondents to measure the lands in S.Nos.98/3, 400/1, 415/8B, 420/1B situated at Sirankattupattu Village, Natham Taluk, Dindigul and change the patta in the petitioner's name along with other legal heir of the petitioner's grandfather, by considering the petitioner's representation dated 10.10.2018 in application number 2018/0105/13/081107.
2.Heard Mr.S.Sivakumar, learned counsel appearing for the petitioner and Mr.P.Kannidevan, learned Additional Government Pleader appearing for the respondents.
3.According to the petitioner, originally the properties in Survey No.98/3, 400/1, 415/8B and 420/1B situated at Sriankattupatty Village, belonged to his grandfather. After the demise of his grandfather and father, the petitioner has maintained the said properties. Because of his minority, he was not applied to change the patta or measure the lands. After he attained majority, he has applied vide application No.2018/0105/13/081107 to change the patta and measure the land, on 10.10.2018. Since no action has been taken, the petitioner is before this Court.
https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.14452 of 2019 4.Today when the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents has produced a letter dated 18.08.2020 issued by the Tahsildar, Natham, wherein it has been stated that since the survey numbers mentioned in the petition are in respect of the entire land, it is not possible to survey and change the pattas, unless it is subdivided. The petitioner has not submitted his application through on-line. Hence, the respondents are not in a position to forward the same to the Village Administrative Officer and accordingly, rejected the same. Further, he has advised the petitioner to file an appropriate application before the Village Administrative Officer, to change the patta.
5.In view of the above, this Writ Petition stands disposed of with a direction, the petitioner shall make an application to the authority concerned through on-line application within a period of two weeks from the date of receipt of a copy of this order. The respondent is directed to serve the copy of the letter dated 18.08.2020 to the writ petitioner. No costs. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) Ns 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 Tahsildar, Taluk Office, Natham, Dindigul District.
2.The Head Surveyor, Taluk Office, Natham, Dindigul.
+1 CC to M/s.S. SIVAKUMAR, Advocate ( SR-14479[F] dated 20/08/2020 ) +1 CC to M/s.GP ( SR-14540[F] dated 20/08/2020 ) W.P.(MD)No.14452 of 2019 dated 19.08.2020 SPU(01.09.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2