Madras High CourtWP(MD)/21395/2017disposed of

Palanimalai, v. The Tahsildar

2017-11-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.21395 of 2017 Palanimalai ... Petitioner -vsThe Tahsildar, Manapparai Taluk, Trichy District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 08.05.2017 to sub-divide the lands in S.No.212/1B measuring about 0.11.50 Hectares, S.No.212/2A3 measuring about 0.82.50 Hectares, S.No.212/2B2 measuring about 0.10.00 Hectares, S.No.223/2 measuring about 1.16.00 Hectares situated at Kumaravadi Village, Manapparai Taluk, Trichy District and issue Patta in respect of the petitioner's share over the said properties.

For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.M.Alagathevan Spl. Govt. Pleader

O R D E R

This writ petition has been filed, seeking to direct the respondent to consider the petitioner's representation dated 08.05.2017 to sub-divide the lands in S.Nos.212/1B (measuring about 0.11.50 Hectares), 212/2A3 (measuring about 0.82.50 Hectares), 212/2B2 (measuring about 0.10.00 Hectares) and 223/2 (measuring about 1.16.00 Hectares) situated at Kumaravadi Village, Manapparai Taluk, Trichy District and issue Patta in respect of the petitioner's share over the said properties.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondent. By consent, this writ petition is taken up for final disposal.

3. The case of the petitioner is that he has submitted a representation dated 08.05.2017 to the respondent for subdivision of the lands on the basis of the Civil Court Judgment and Decree. Since the said representation has not been considered so far, the petitioner is before this Court with the above prayer. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Special Government Pleader appearing for the respondent would submit that if a reasonable time is granted to the respondent, the representation of the petitioner will be considered and suitable orders be passed thereon.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondent to consider the representation of the petitioner dated 08.05.2017 and pass suitable orders thereon on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other interested parties, if any, in line with the judgment and decree passed in O.S.No.320 of 2014.

6. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To:

The Tahsildar, Manapparai Taluk, Trichy District.

+1cc to Special Government Pleader, SR.No. 89975 +1cc to M/S.T.Lenin Kumar, Advocate SR.No. 89858 W.P(MD)No.21395 of 2017 28.11.2017 AR JM/SV MMS/SAR 1/07.12.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/