P.Madasamy, v. The Thasildar,

W.P.(MD)No.15673 of 2014 P.Madasamy v. The Tahsildar BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 16.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.15673 of 2014 (Through Video Conferencing) P.Madasamy ... Petitioner Vs.

The Tahsildar, Tahsildar Office, Kokkirakulam Palayamkottai Tirunelveli ... Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondent to conduct survey and sub division of the petitioner's land comprised in Ayan Punja Survey No.600/44 situated at Sivanthipatti village, Palayamkottai Taluk, Tirunelveli District on the basis of the prescribed fees remitted by the petitioner on 29.09.2010, 18.1.2010 and 11.02.2013 and subsequently direct the respondent to issue individual patta based on the subdivision within a time frame that may be stipulated by this Court. For Petitioner :Mr.R.Pon Karthikeyan For Respondents :Mr.K.P.Narayanakumar Special Government Pleader

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to act upon the representation made by the petitioner on 08.09.2014, wherein, the petitioner has sought for issuance of separate patta in his name with respect to the subject property.

2.The case of the petitioner is that the subject property was purchased by him by virtue of registered sale deeds dated 11.07.1994 and 19.05.1997. Thereafter, the petitioner made an application seeking for patta and the name of the petitioner was added in a joint patta and a patta was granted in patta No.2212. 3.The petitioner thereafter made a representation to sub divide the property based on the title documents of the petitioner and issue a separate patta in his favour. Since the same was not considered, the present writ petition has been filed before this https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15673 of 2014 P.Madasamy v. The Tahsildar Court for appropriate direction.

4. Heard Mr.R.Pon Karthikeyan, learned counsel for the petitioner and the learned Special Government Pleader appearing on behalf of the respondents.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for by the petitioner, there shall be a direction to the respondent to consider the representation made by the petitioner on 08.09.2014 and afford an opportunity to the petitioner and the other joint pattadars and take a decision strictly in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

6. The petitioner is directed to make a fresh representation to the respondent enclosing all the relevant documents along with a copy of this order.

7. The writ petition is disposed of with the above direction. No costs Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Tahsildar, Tahsildar Office, Kokkirakulam Palayamkottai Tirunelveli +1 CC to M/s.R.PONKARTHIKEYAN, Advocate ( SR-16219[F] dated 17/04/2021 ) +1 CC to M/s.SPL GP ( SR-16293[F] dated 17/04/2021 ) W.P.(MD)No.15673 of 2014 16.04.2021 RK (29.04.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2