Xavier S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Xavier ... Petitioner Vs.

1.The District Collector, Sivagangai District.

2.The Revenue Divisional Officer, Sivagangai District.

3.The Tahsildar, Karaikudi Taluk, Tenkasi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to issuance of separate patta in respect of S.No.105/2A1, S.No.105/2A2, S.No.105/2A5A, S.No.105/2A7, S.No.105/32 situated at the Western side in Managiri, Sukkanendal group in Karaikudi Taluk, 1/4

Sivagangai District on the basis of the petitioner's representation dated 13.09.2023.

For Petitioner : Mr.A.B.Jeeva For Respondents : Mr.M.Prakash Additional Government Pleader

ORDER

The petition mentioned property admittedly belongs to more than one individual. The petitioner seeks issuance of separate patta. If there is consensus among the pattadhars, the property can be divided and separate patta can be issued. Otherwise a partition suit will have to be filed. Since the third respondent is seized of in the matter, the third respondent is directed to conduct enquiry. Notices will be issued to all the interested persons and final order shall be passed on merits and in accordance with law within a period of five months from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter.

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2. This writ petition is disposed of accordingly. There shall be no order as to costs.

12.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Sivagangai District.

2.The Revenue Divisional Officer, Sivagangai District.

3.The Tahsildar, Karaikudi Taluk, Tenkasi District.

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G.R.SWAMINATHAN, J.

MGA 12.10.2023 4/4