Madras High CourtWP(MD)/15233/2020disposed of

Jeyaram v. The Tahsildar

2020-11-04Honourable Mr Justice S. Vaidyanathan2 pages

W.P.(MD) No.15233 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.15233 of 2020 Jeyaram ... Petitioner -Vs1.The Tahsildar, Thiruvengadam Taluk, Thenkasi District.

2.The Deputy Surveyor, Thiruvengadam Taluk Office, Thenkasi District.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the first respondent to issue individual patta to the petitioner's name in respect of the property in Survey No.794/2, situated at Alamanaickerpatti, A.Karishalkulam Village, Thiruvengadam Taluk, Thenkasi District. For Petitioner : Mr.S.Ramasamy For Respondents : Mr.P.Kannidevan, Additional Government Pleader.

ORDER

The petitioner has come forward with this Writ Petition, seeking a direction to the first respondent to issue individual patta to the petitioner's name in respect of the property in Survey No.794/2, situated at Alamanaickerpatti, A.Karishalkulam Village, Thiruvengadam Taluk, Thenkasi District.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.Mr.P.Kannidevan, learned Additional Government Pleader accepts notice on behalf of the respondents.

4.According to the petitioner, the property belongs to his father and devolved upon the legal heirs including the petitioner. His brother and sister have given a release deed on 07.08.2020, which has been duly registered in Document No.1830/2020. When the release deed has been duly executed, according to the petitioner, he is entitled to get separate patta and no sub-division is required. Hence, he approached this Court seeking aforesaid prayer. 5.The learned Additional Government Pleader appearing for the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.15233 of 2020 respondents would submit that the petitioner has given a representation as early as on 16.10.2020 and the respondents will go through the genuineness of the document and based on the release deed duly executed, the representation of the petitioner for issuance of separate patta will be considered. 6.In view of the above, this Court directs the respondents to consider the representation of the petitioner dated 16.10.2020, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 7.Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (P & A) // True Copy // / /2020 Sub Assistant Registrar(CS) Myr 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, Thiruvengadam Taluk, Thenkasi District.

2.The Deputy Surveyor, Thiruvengadam Taluk Office, Thenkasi District.

Order made in W.P.(MD)No.15233 of 2020 04.11.2020 KG(CO) KK(10.11.2020) 2 P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2