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Madras High CourtWP(MD)/13795/2020disposed of

Rajasuloksana v. The Tahsildar

2020-10-07Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)Nos.13795, 13827 and 13894 of 2020 Rajasuloksana ... Petitioner in W.P.(MD)No.13795 of 2020 Immanuvel Jebaraj ... Petitioner in W.P.(MD)No.13827 of 2020 Elisabeth Suseela ... Petitioner in W.P.(MD)No.13894 of 2020 -Vs1. The Tahsildar, Office of the Tahsildar, Dindigul West Taluk, Dindigul District.

2. Taluk Head Surveyor, Dindigul West Taluk, Dindigul District.

... Respondents COMMON PRAYER: Writ Petitions are filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to make sub-division and give patta in the petitioners' name for the property situated in Dindigul District, Dindigul West Taluk, Sinthalakundu Village in Plot Nos.8, 9, 10 and 6, of S.F.No.690/13 respectively on the basis of the petitioners' representations dated 30.08.2019 and 15.09.2020, within the time frame fixed by this Court.

For Petitioners : Mr.S.Krishnan For Respondents : Mr.P.Kannithevan, Additional Government Pleader.

for W.P.(MD)No.13795/20 Mr.M.Pandiyarajan Additional Government Pleader for W.P.(MD)No.13827/20 Mr.S.Angappan Government Advocate for W.P.(MD)No.13894/20 1/3

COMMON ORDER The petitioners have come forward with these Writ Petitions, seeking a direction to direct the respondents to make sub-division and give patta in the petitioners' name for the property situated in Dindigul District, Dindigul West Taluk, Sinthalakundu Village in Plot Nos. 8, 9, 10 and 6 of S.F.No.690/13 respectively on the basis of the petitioners' representations dated 30.08.2019 and 15.09.2020, within the time frame fixed by this Court.

2.Heard the learned Additional Government Pleaders and Government Advocate, who accept notice on behalf of the respondents in all Writ Petitions.

3.By consent, these Writ Petitions are taken up for final disposal at the stage of admission itself.

4.According to the petitioners, they purchased the Plot Nos.3 and 4, Plot Nos.1 and 2 and Plot No.5 of S.F.No.690/13 respectively, situated in Sinthalakundu Village, Dindigul West Taluk, Dindigul District. While so, seeking sub division and separate patta, they made representations on 30.08.2019 and 15.09.2020 before the first respondent. Since no effective steps have been taken on the representations of the petitioner, they have approached this Court by way of filing these Writ Petitions with the aforesaid prayer. 5.This Court has already passed an order with regard to the issuance of patta in W.P(MD)No.7746 of 2020, dated 29.03.2020. The directions therein should be followed without any violation. In the present case on hand, the petitioners sought for sub-division and separate patta, for which, online applications said to have been made on 30.08.2019 and 15.09.2020.

6.The learned Additional Government Pleader appearing for the respondents would submit that a communication has already been sent to the petitioners on 05.10.2020, asking for certain details and that the petitioners need to produce approved layout sketch and other parent document, enabling the authorities to come to a conclusion, acceding to the request of the petitioners. Merely because an application has been made, it is not suffice, unless it is supported by necessary document. If the documents are in order, the request of the petitioners need to be considered and the guidelines mentioned in the above order dated 23.09.2020 have to be followed.

7.This Court is of the considered view that in the present cases on hand, without furnishing all the necessary documents, the petitioners cannot seek for sub-division and a separate patta for the sub-divided property. Accordingly, these Writ Petitions stand 2/3

dismissed with liberty to the petitioners to furnish the document asked for by the respondents. If the same is in order, after scrutinizing the same and verifying the genuineness, the request of the petitioners shall be considered by the Tahsildar and a decision shall be taken at the earliest point of time, within a period of thirty (30) days from the date of submission of the documents by the petitioners as sought for by the respondents. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) RR 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, Office of the Tahsildar, Dindigul West Taluk, Dindigul District.

2. Taluk Head Surveyor, Dindigul West Taluk, Dindigul District.

+1 CC to the SPL GP SR-19430 & 19432.

COMMON ORDER made in W.P.(MD)Nos.13795, 13827 and 13894 of 2020 07.10.2020 SCR(CO) CS(14.10.2020) 3P 4C 3/3