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Madras High CourtWP(MD)/18463/2019disposed of

R.Gunasekaran v. The Tahsildar

2019-08-27Honourable Mr Justice R. Suresh Kumar2 pages

W.P.(MD)No.18463 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.18463 of 2019 R.Gunasekaran

...Petitioner

-Vs1.The Tahsildar, Pattukottai Taluk, Thanjavur District.

2.The Surveyor, Pattukottai Taluk, Thanjavur District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to conduct the survey and make sub division to the 20 cents of property in Resurvey No.65/8B situated at Aathikottai Village, Pattukottai Taluk, Thanjavur District and grant separate patta in the name of the petitioner.

For Petitioner : Mr.M.R.Sreenivasan For Respondents : Mr.P.Kannithevan Additional Government Pleader

ORDER

The prayer sought for in this writ petition is to direct the respondents to conduct the survey and make sub division to the 20 cents of property in Resurvey No.65/8B situated at Aathikottai Village, Pattukottai Taluk, Thanjavur District and grant separate patta in the name of the petitioner.

2.Heard Mr.M.R.Sreenivasan, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader 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 petitioner, in order to get patta after subdivision in respect of the land at Survey No.65/8B situated at Aathikottai Village, Pattukottai Taluk, Thanjavur District, has made an application on 20.06.2018 and on the same date, necessary fee has https://hcservices.ecourts.gov.in/hcservices/ 1/4

W.P.(MD)No.18463 of 2019 also been paid and representation to that effect also on the same date has been made by the petitioner to the first respondent. Hence, the learned counsel appearing for the petitioner submits that, if the said application/representation is decided on merits by the first respondent and order to that effect is passed, within a time frame to be stipulated by this Court, the petitioner would be satisfied.

5.I have heard Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents, who would submit that, the said application/representation given by the petitioner dated 20.06.2018 would be decided on merits, within a time frame to be stipulated by this Court.

6.Considering the limited scope of the prayer sought for in this writ petition, 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 made by the petitioner on 20.06.2018 and pass order thereon, after hearing the petitioner as well as the rival claimants, if any, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(AD-I) // True Copy // Sub Assistant Registrar(CS) rmk To 1.The Tahsildar, Pattukottai Taluk, Thanjavur District.

2.The Surveyor, Pattukottai Taluk, Thanjavur District.

+1CC TO MR.M.R.SREENI VASAN, Advocate Sr. No. 83794 W.P.(MD)No.18463 of 2019 27.08.2019 AL(CO) TR(20.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4