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Madras High CourtWP(MD)/22792/2017disposed of

V.P.Ganesan, S/O.Bothan, v. The Tahsildar

2017-12-13Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.22792 of 2017 V.P.Ganesan ... Petitioner -vsThe Tahsildar, Thottiam Taluk Office, Thottiam, Trichy District.

... Respondent PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to survey, sub-divide the petitioner's property in S.F.No.78/12 situated at Kattuputhur (West) Village, Thottiam Taluk, Trichy District and issue a separate Patta to him, on the basis of his representations dated 12.10.2017 and 08.12.2017 within time framed fixed by this Honble Court. .

For Petitioner : Mr.K.Arunraj For Respondent : Mr.J.Gunaseelan Muthiah Govt. Advocate *****

O R D E R

This petition has been filed, seeking for issuance of a writ of Mandamus, directing the respondent to survey, sub-divide the petitioner's property in S.F.No.78/12 situated at Kattuputhur (West) Village, Thottiam Taluk, Trichy District and issue a separate Patta to him, on the basis of his representations dated 12.10.2017 and 08.12.2017.

2. Mr.J.Gunaseelan Muthiah, learned Government Advocate takes notice for the respondent. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that there is neither civil suit nor rival claim whatsoever pending in respect of the property in question and as such, he has submitted a representation dated 12.10.2017, followed by a reminder dated 08.12.2017 to the concerned authority for issuance of a separate patta. Since the said representations have not been considered so far, the petitioner is before this Court with the above prayer.

4. 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 application/representation of the petitioner dated 12.10.2017, followed by the reminder dated 08.12.2017 and pass suitable orders https://hcservices.ecourts.gov.in/hcservices/

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.

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

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

The Tahsildar, Thottiam Taluk Office, Thottiam, Trichy District.

+One cc to Mr.K.Arunraj, Advocate, SR.No.92666 +One cc to The Special Government Pleader, SR.No.93119 ar RL/4C/2P/KKR/SAR4/27/12/2017 W.P.(MD) No.22792 of 2017 13.12.2017 https://hcservices.ecourts.gov.in/hcservices/