Madras High CourtWP(MD)/17590/2019disposed of

Ponnuthai v. The Tahsildar

2019-08-09Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.17590 of 2019 1.Ponnuthai 2.Dhavamani 3.Nirmala ... Petitioners -Vs1.The Tahsildar, Dindigul East Taluk, Dindigul East Taluk Office, 2.The Head Surveyor, Dindigul East Taluk Office, 3.The Village Administrative Officer, Anjukulipatti Village, Dindigul Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to measure and subdivide the land in Survey No.790 to an extent of 20 cents at Anjukulipatti Village, Dindigul Taluk, Dindigul District, based on the application of the petitioner dated 03.07.2019 within a time stipulated by this Court.

For Petitioner : Mr.F.Deepak For Respondents : Mr.V.Anand Government Advocate

ORDER

The prayer sought for in this writ petition is to direct the respondents to measure and subdivide the land in Survey No.790 to an extent of 20 cents situated at Anjukulipatti Village, Dindigul Taluk, Dindigul District, based on the application of the petitioner, dated 03.07.2019, within a time to be stipulated by this Court.

2.Heard Mr.F.Deepak, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.

3.With the consent of both sides, this writ petition is taken up for final disposal at the admission stage itself. 4.The petitioners claimed that, they are joint owners of the property at Survey No.790 to an extent of 20 cents in Anjukulipatti Village, Dindigul Taluk, Dindigul District and in order to get subdivision of the land and separate patta, the petitioners made a joint application on 03.07.2019 to the first respondent. Therefore, the learned counsel for the petitioners submitted that, if the said applications is decided by the first respondent on merits, the petitioner would be satisfied.

5.I have heard Mr.V.Anand, learned Government Advocate appearing for the respondents, who would submit that, the said application of the petitioners, dated 03.07.2019 would be decided by the first respondent, on merits and in accordance with law and order to that effect would be passed, within a time frame. 6.Having regard to the said submissions made by both sides, this Court is inclined to dispose of this writ petition with the following directions:- "that the first respondent is hereby directed to consider the application/representation of the petitioners, dated 03.07.2019 and pass orders thereon, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after giving notice to the petitioners as well as the rival claimants, if any."

7.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar(CS) rmk To 1.The Tahsildar, Dindigul East Taluk, Dindigul East Taluk Office, 2.The Head Surveyor, Dindigul East Taluk Office,

3.The Village Administrative Officer, Anjukulipatti Village, Dindigul Taluk, +1CC TO MR.F.DEEPAK, Advocate Sr. No.80851 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 81470 W.P.(MD)No.17590 of 2019 09.08.2019 AL(CO) TR(21.11.2019) 3P 6C