Maridurai, v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.18203 of 2017 Maridurai

...Petitioner

Vs.

1.The Tahsildar, Sivagiri Taluk, Tirunelveli District.

2.The Zonal Deputy Tahsildar, Sivagiri,Tirunelveli District.

3.The Village Administrative Officer, Sivagiri Part II, Sivagiri Taluk, Tirunelveli District.

4.The Firka Surveyor, Survey Department, Taluk Office, Sivagiri, Tirunelveli District.

...Respondents

PRAYER:Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to effect sub division of petitioner's land measuring 4 acres in S.No.183 of Sivagiri Village, Tenkasi Taluk, Tirunelveli District based on the petitioner's representation dated 30.11.2016, within the time frame fixed by this Court. For Petitioner :Mr.P.T.Ramesh Raja For Respondents :Mr.G.Muthukannan Government Advocate

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus directing the first respondent to effect sub division of the petitioner's land measuring to an extent of 4 acres in S.No.183 situated at Sivagiri Village, Tenkasi Taluk, Tirunelveli District, based on the petitioner's representation dated 30.11.2016.

2.Mr.G.Muthukannan, learned Government Advocate takes notice on behalf of the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/

3.The case of the petitioner is that on 08.10.2015, he purchased the land to an extent of 4 acres in S.No.183 situated at Sivagiri Village, Tenkasi Taluk, Tirunelveli District by a registered sale deed. He is included one of the joint pattathars in the joint patta No.1498.

4.The petitioner would state that for convenient enjoyment of his land, he applied with the first respondent for sub division and issuance of separate patta and he has also paid necessary fees. Thereafter, on 30.11.2016, he sent a representation through registered post, but so far no action was taken. Hence, he sent subsequent representations dated 04.04.2017 and 13.06.2017. Since there is no progress, the present writ petition. 5.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the representations of the petitioner dated 30.11.2016, 04.04.2017 and 13.06.2017 and pass appropriate orders 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.

6.With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar.

To:

1.The Tahsildar, Sivagiri Taluk, Tirunelveli District. 2.The Zonal Deputy Tahsildar,Sivagiri, Tirunelveli District. 3.The Village Administrative Officer, Sivagiri Part II, Sivagiri Taluk, Tirunelveli District.

4.The Firka Surveyor, Survey Department, Taluk Office, Sivagiri, Tirunelveli District.

+1CC to Mr.P.T.Ramesh Raja, Advocate, SR.No.81023 W.P.(MD)No.18203 of 2017 22.09.2017 skn AM/SV MMS/SAR 2/10.10.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/