Madras High CourtWP(MD)/22829/2021disposed of

Muthappan P v. The Tahsildar

2021-12-23Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD) No.22829 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.22829 of 2021 P.Muthappan ... Petitioner vs.

1.The Tahsildar, Gujiliamparai Taluk, Dindigul District.

2.The Taluk Surveyor, Gujiliamparai Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to survey and mark the boundaries of the property by sub-dividing the property and issue separate patta in S.No.191 admeasuring 52 2/3 cents R.Puthukottai Village, Gujiliamparai Taluk, Dindigul District by considering the representation of the petitioner dated 02.12.2021 within a time frame that may be fixed by this Court. For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.J.John Rajadurai Government Advocate

O R D E R

The writ petition has been filed in the nature of Writ of Mandamus, seeking a direction to the respondents to survey and mark the boundaries of the property by sub-dividing the property and issuing separate patta for S.No.191, measuring 52 2/3 cents in R.Puthukottai Village, Gujiliamparai Taluk, Dindigul District. 2.The petitioner, in his affidavit, had stated that the aforementioned property originally belonged to his father and thereafter, on the death of the father, it had devolved on to him and to his sisters. He stated that a settlement deed had also been executed by him in favour of his daughter to a portion of the said property. However, he is in possession. He claims that, therefore, the property has to be sub-divided and a separate patta has to be issued to him. In this connection, the petitioner had also filed an application on 30.11.2021 and he had also paid the necessary charges on 01.12.2021.

3.A direction is given to the respondents to issue notice to the petitioner, issue notice to the sisters of the petitioner and daughter of the petitioner, examine the lay of the land, proceed to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.22829 of 2021 examine the documents and therafter, on coming to a subjective satisfaction and if there are no objections, do the necessary in accordance with the application. The respondents shall endeavour to complete the process within a period of twelve weeks from the date of receipt of a copy of this order.

4.With the above observations, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) sji 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 1.The Tahsildar, Gujiliamparai Taluk, Dindigul District.

2.The Taluk Surveyor, Gujiliamparai Taluk, Dindigul District.

+1 CC to M/s.SPL GP ( SR-40489[F] dated 27/12/2021 ) +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-40417[F] dated 27/12/2021 ) W.P.(MD) No.22829 of 2021 23.12.2021 SK(CO) KB(06.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2