Rathinam v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Rathinam ... Petitioner Vs.

1. The Revenue Divisional Officer, Thuraiyur Taluk, Trichy District.

2. The Tahsildar, Thuraiyur Taluk, Trichy District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing to the respondents to subdivide the property in S.No.145/1 to an extent of 4 Acres 11 cents out of 6 Acres 64 cents respectively situated at Kannanur Village, Thuraiyur Taluk, Trichy District and thereafter issue separate patta to the petitioner's name within the period that may be stipulated by this Court.

For Petitioner : Mr.G.Chezhiyan For Respondents : Mr.R.Ragavendran Government Advocate 1/4

ORDER

Mr.R.Ragavendran, learned Government Advocate takes notice for the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, directing to the respondents to subdivide the property in S.No.145/1 to an extent of 4 Acres 11 cents out of 6 Acres 64 cents respectively situated at Kannanur Village, Thuraiyur Taluk, Trichy District and thereafter issue separate patta to the petitioner's name within the period that may be stipulated by this Court."

3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

4. When the matter is taken up for hearing, the learned Government Advocate appearing for the respondents, on instructions submitted that the total area of the aforesaid property as per the documents produced by the petitioner is 1.66.5 ares. However, as per the survey conducted, only an area measuring to an extent of 0.95.5 ares is available. Therefore, if the petitioner is able to 2/4

produce his title deed and parent title deed of the subject property, the respondents would be in a position to take a decision to effect subdivision of the subject property effectively.

5. Considering the submission made by the learned Government Advocate appearing for the respondents, this Court hereby direct the petitioner to produce his title deed including a copy of the parent title deed in respect of the subject property to the respondents and on receipt of the same, the respondents are directed to act in accordance with law, for the purpose of effecting subdivision of the property in S.No.145/1 situated at Kannanur Village, Thuraiyur Taluk, Trichy District, within a period of eight weeks from the date of receipt of the documents by the petitioner.

6. With the above direction, the Writ Petition stands allowed. There shall be no order as to costs.

15.11.2024 NCC : Yes / No Index : Yes / No Sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The Revenue Divisional Officer, Thuraiyur Taluk, Trichy District.

2. The Tahsildar, Thuraiyur Taluk, Trichy District.

Order made in Dated 15.11.2024 4/4