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Madras High CourtWP(MD)/13615/2021disposed of

Kulsar Begam v. The Tahsildar

2021-08-06Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.13615 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.13615 of 2021 Kulsar Begam ... Petitioner versus 1.The Tahsildar, Aranthangi Taluk, Pudukottai District.

2.The Taluk Surveyor, Aranthangi Taluk, Pudukottai District.

... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondents to sub divide the land in Old Survey No.351 and New Survey No.351/33 measuring to an extent 2472 sq.feet, situated at Karungulikkadu Village, Aranthangi Taluk, Pudukottai District and issue separate Patta to the above said land by considering the petitioner's representation dated 08.07.2021. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.R.Baskaran

ORDER

The petitioner seeks sub division of the land in old Survey No.351 and New Survey No.351/33 measuring an extent of 2472 sq.ft. at Karungulikkadu Village, Aranthangi Taluk, Pudukottai District.

2. The petitioner states that her husband was the owner of the land bearing Old Survey No.351 and New Survey No.351/33. On the application of her husband, it is stated that a joint patta was issued in favour of her husband. Subsequently, it is stated that her husband executed a Settlement Deed bearing Document No.2663/2020 in her favour. On such basis, it is stated that the petitioner had applied for sub division on 08.07.2021. In spite of the receipt of such representation, the petitioner states that no action has been taken thereon.

3. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of both the respondents. He submits that the first respondent may be directed to consider and dispose of the petitioner's application.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.13615 of 2021

4. Accordingly, without going into the merits of the matter, the first respondent herein is directed to consider the petitioner's representation dated 08.07.2021 and pass a reasoned order thereon after providing a reasonable opportunity to all those who would be affected by the sub division or by the issuance of a separate patta to the petitioner. Such reasoned order shall be passed within a period of three months from the date of receipt of a copy of this order.

5. W.P.(MD).No.13615 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn 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, Aranthangi Taluk, Pudukottai District.

2.The Taluk Surveyor, Aranthangi Taluk, Pudukottai District.

+1 CC to M/s.GP ( SR-25638[F] dated 09/08/2021 ) W.P(MD)No.13615 of 2021 06.08.2021 CN(16.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2