Darling Shiyamala, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD) No.17011 of 2017 Darling Shiyamala ... Petitioner -vs1. The Revenue Divisional Officer, Madurai North, Madurai.

2. The Thasildar, Madurai North Taluk, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to make a sub-division of the petitioner's 1 Acre of property in survey 34/3A1B old survey No.175/3 of Siruthur Village, Madurai North, Madurai District and issue a separate patta in the petitioner's name.

For Petitioner : Mr.KA.Ramakrishnan For Respondents : Mr.G.Muthukannan G.A.,

O R D E R

The petitioner has come up with the present writ petition for a direction to sub-divide her property in survey No.34/3A1B old survey No.175/3 of Siruthur Village, Madurai North, Madurai District and issue a separate patta.

2.Mr.G.Muthukannan, learned Government Advocate takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The petitioner would state that the land referred supra originally belonged to one Savarinayagam and he sold the property to the petitioner through a registered sale deed dated 22.11.1973 when the petitioner was minor.

https://hcservices.ecourts.gov.in/hcservices/ 4.The petitioner would claim that at the time of registration,

the petitioner's mother was guardian and after attaining majority, she became absolute owner and she has been in possession and enjoyment of the same.

5.The petitioner would further state that now the predecessor, who sold the land in the year 1973, approached the respondents for issuance of patta.

Therefore, the petitioner gave a representation to the respondents 1 and 2 on 29.11.2016 seeking sub-division and issuance of separate patta in the name of the petitioner. Since no action was taken, the present writ petition. 6.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the petitioner dated 29.11.2016 and take appropriate action on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To:

1. The Revenue Divisional Officer, Madurai North, Madurai.

2. The Thasildar, Madurai North Taluk, Madurai.

+1 cc to The Special Government Pleader in SR.No.78325 skn AE/KP/SAR2/26.09.2017/2P/4C W.P.(MD) No.17011 of 2017 08.09.2017 https://hcservices.ecourts.gov.in/hcservices/