Madras High CourtWP(MD)/13770/2022disposed of

Venkatraman S v. The Tahsildar

2022-07-25Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.13770 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.13770 of 2022 S. Venkatraman ... Petitioner Vs.

The Tahsildar, Nilakottai Taluk, Dindigul District.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 31.12.2021 in respect to the issuance of Patta as per the registered partition deed vide Document No.1500 of 2005 dated 06.09.2005 on the file of the sub Registrar Office, Bathlagundu, Dindigul District within the time frame fixed by this Court.

For Petitioner : Mr.C.Prithviraj For Respondent : Mr.M.Sarangan, Additional Government Pleader.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner seeks issuance of individual patta in his name based on the petition mentioned partition deed.

3. When the matter was taken up for hearing, the learned Additional Government Pleader pointed out that the patta in respect of Survey No.51/5 stands in the names of Ramasamy Naidu, Subbammal and Venkatraman.

4. The petitioner is said to be the son of Subbammal. Unless the petitioner is able to obtain consent from the other pattadhars, it is not possible for the respondent to subdivide the property and issue separate patta in favour of the petitioner. The respondent shall issue notice to the legal heirs of the aforesaid three pattadhars, namely, Ramasamy Naidu, Subbammal and Venkatraman. If it is possible to issue separate patta in favour of the petitioner, this exercise shall be concluded within a period of sixteen weeks from the date of receipt of a copy of this order. I make it clear that all the stake 2/4

3 W.P.(MD)NO.13770 OF 2022 holders and the interested parties shall be put on notice before such final order is passed.

5. Regarding the other survey numbers mentioned in the petitioner's application, if there does not appear to be mutation, the respondent shall issue separate patta for the remaining survey numbers.

6. This writ petition stands disposed of accordingly. No costs.

25.07.2022 Index : Yes / No Internet : Yes/ No PMU To:

The Tahsildar, Nilakottai Taluk, Dindigul District.

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4 W.P.(MD)NO.13770 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.13770 of 2022 25.07.2022 4/4