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Madras High CourtWP(MD)/21980/2016disposed of

Nesamony, S/O.Muthiyan, v. The Tahsildar,

2016-11-17Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2016

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P(MD).No.21980 of 2016 Nesamony ...

Petitioner Vs 1.The Tahsildar, Kalkulam Taluk, Kanyakumari District.

2.Arumanayagam ... Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 1st respondent to effect sub-division and issue separate patta, rectify the mistakes found in the earlier joint patta on the basis of the Civil Court Compromise decree in I.A.No.190 of 1999 in O.S.No.768 of 1994 on the file of the Additional District Munsif Court, Padmanabhapuram, by considering the petitioner's representation dated 10.10.2016 within the time stipulated by this Court.

For petitioner : Mr.M.R.Sreenivasan For Respondent-1 : Mr.N.S.Karthikeyan Addl. Government Pleader

ORDER

The writ petition has been filed for a direction, directing the 1st respondent to effect sub-division and issue separate patta, rectify the mistakes found in the earlier joint patta on the basis of the Civil Court Compromise decree in I.A.No.190 of 1999 in O.S.No.768 of 1994 on the file of the Additional District Munsif Court, Padmanabhapuram, by considering the petitioner's representation dated 10.10.2016 within the time stipulated by this Court.

2.

According to the petitioner, on 10.10.2016, he is said to have filed an application before the 1st respondent, for issuance of separate patta, in respect of Re.Sy.Nos.282/1 & 3 (17cents), 215/2 (1.875 cents),215/2 (8 cents), 212/10 (7 cents), 252/17 (3.875 cents), 251/6 (11 cents), 218/7 (7, 5.250 cents), 254/2 (6cents) and 254/12C (7.5 cents) of Veeyanoor village, Kalkulam Taluk, Kanyakumari District. Sofar, no order has been passed by the Tahsildar,. Hence, the present writ petition has https://hcservices.ecourts.gov.in/hcservices/

been filed.

3.

The learned counsel appearing for the 1st respondentwould submit that the application was not filed in proper format and it is only a representation. 4.In the above circumstances, the petitioner is directed to file proper application before the 1st respondent within aperiod of 2 weeks from the date of receipt of a copy of this order. Thereafter, the Tahsildar is directed to consider the same and pass orders, after giving notice to other pattadhars on merits and in accordance with law, within a period of 12 weeks thereafter.

5. Accordingly, this writ petition is disposed of. No costs. Sd/- Deputy Registrar /True Copy/ Sub Assistant RegistrarVS To The Tahsildar, Kalkulam Taluk, Kanyakumari District.

+1cc to Mr.M.R.Sreenivasan Advocate Sr.No. 70121 JAM/27.12.16/RR/ 2p-3c W.P(MD).No.21980 of 2016 17.11.2016 https://hcservices.ecourts.gov.in/hcservices/