Madras High CourtWP(MD)/27968/2023disposed of

M.Palanisamy v. The Tahsildar

2023-11-27Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Palanisamy ... Petitioner Vs.

The Tahsildar, Thirumayam, Pudukottai District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to make necessary entries in the revenue records and issue patta in the petitioner name for the property comprised in natham Survey No. 333/99D to an extent of 0.05.5 ares situated at Paranikudipatti, Kottur Village, Thirumayam Taluk, Pudukkottai District within a time frame fixed by this Court.

For Petitioner : Mr.S.Alagusundar For Respondent : Mr.V.Nirmal Kumar Government Advocate 1/4

ORDER

Heard both sides.

2.The petition mentioned property originally belonged to one Chinnaiya Chambatti. After he passed away, the property devolved on his sons, namely, Govindasamy, Ramasamy, Natrajan, Karuppaiah and Ganesan. Ganesan had passed away and his share devolved on his son by name Shanmugam.

3.The case of the petitioner is that there was amicable partition among the five branches and the petitioner is in possession of 0.05.5 HAC in Survey No.333/9D. The petitioner wants separate patta to be issued in his name.

4.The learned counsel appearing for the petitioner states that in this regard, enquiry was conducted by the Zonal Deputy Tahsildar, Arimalam and it was ordered that patta for Survey No.333/9D should be issued in the petitioner's name. Since it is not been complied with, the present writ petition came to be filed.

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5.The respondent is directed to issue notice to the other legal heirs of Chinnaiya Chambatti and pass final order on the petitioner's application for issuance of separate patta in respect of Survey No.333/9D measuring 0.05.0 HAC. This exercise shall be completed within a period of ten weeks from the date of receipt of a copy of this order. The respondent will take note of the order dated 14.03.2015 passed by the Zonal Deputy Tahsildar, Arimalam and also the relevant file, if available. 6.This writ petition is disposed of accordingly. There shall be no order as to costs.

27.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To The Tahsildar, Thirumayam, Pudukottai District.

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G.R.SWAMINATHAN, J.

MGA 27.11.2023 4/4