Madras High Court
Sadayan vs The Tahsildar on 8 April, 2021
W.P.(MD).No.7652 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.7652 of 2021
Sadayan ...Petitioner
Vs.
1. The Tahsildar,
Manapparai Taluk, Trichy District.
2. The Head Surveyor,
Manapparai Taluk, Trichy District.
3. The Firka Surveyor,
Pannapatti, Manapparai Taluk,
Trichy District. ... Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents to make
subdivision of S.F.No.446/4 of Chettiyapatti Village, Manapparai Taluk,
Trichy District, as per judgment dated 22.06.2017 in I.A.No.1361 of
2011 in O.S.No.182 of 2011, on the file of the District Munsif Court,
Manapparai and grant separate patta in the name of the petitioner by
processing the petitioner's online application dated 22.11.2018.
For Petitioner : Mr.AN.Ramanathan
For Respondents : Mrs.M.Rajeswari
Government Advocate
1/6
http://www.judis.nic.in
W.P.(MD).No.7652 of 2021
ORDER
This Writ Petition has been filed for the issue of a Writ of
Mandamus, directing the respondents to act upon the application
submitted by the petitioner on 22.11.2018, wherein, the petitioner has
sought for the subdivision of the subject property and for issuance of a
separate patta in his name.
2. The case of the petitioner is that the subject property
situated at Survey No.446/4 was jointly purchased by the petitioner and
his brother's wife, namely, Thangammal, by registered sale deeds dated
26.10.1977 and 19.06.1981. The joint patta was also issued in both
their names.
3. The further case of the petitioner is that the said
Thangammal, was not willing to divide the property through metes and
bounds and therefore, the petitioner filed a suit in O.S.No.182 of 2011
before the District Munsif Court, Manapparai. A preliminary decree was
passed by declaring half share of the petitioner. Thereafter, the
petitioner filed an application for final decree and an Advocate
Commissioner was appointed and he divided the property by metes and
bounds and a report was also submitted before the Court.
http://www.judis.nic.in
W.P.(MD).No.7652 of 2021
4. The petitioner thereafter filed a petition in E.P.No.63 of
2017 seeking for delivery of possession of the share allotted in his
favour. A direction was issued by the Execution Court to the Bailiff and
the Bailiff acted upon the warrant and effected delivery and handed over
the possession of the share that belonged to the petitioner on
25.01.2018.
5. The petitioner thereafter made a representation to the
respondents seeking for subdivision and for issuance of separate patta
in favour of the petitioner insofar as the subdivided property is
concerned. Since the same was not acted upon, the present Writ
Petition has been filed before this Court seeking for appropriate
directions.
6. Heard Mr.AN.Ramanathan, learned counsel appearing for
the petitioner and Mrs.M.Rajeswari, learned Government Advocate
appearing on behalf of the respondents.
7. It is clear from the records that the competent Civil Court
has already identified the share to which the petitioner was entitled to
and delivery has also been effected by the Bailiff in the execution
http://www.judis.nic.in
W.P.(MD).No.7652 of 2021
proceedings. The petitioner, therefore, wants subdivision of the survey
Number with regard to the share allotted to the petitioner and separate
patta insofar as that share is concerned.
8. In view of the above, there shall be a direction to the first
respondent to act upon the application submitted by the petitioner on
22.11.2018 and carry out the necessary subdivision and pass
appropriate orders by issuing separate patta in his favour, within a
period of eight (8) weeks from the date of receipt of a copy of this
order. If there are any other interested parties claiming right over the
subject property, they shall also be issued with notice and an
opportunity shall also be given to them.
9. The petitioner is directed to make a fresh representation
along with all the relevant documents and also a copy of this order.
10. The Writ Petition stands disposed of accordingly. No
costs.
08.04.2021
Internet : Yes/No
Index : Yes/No
tsg
http://www.judis.nic.in
W.P.(MD).No.7652 of 2021
To
1. The Tahsildar,
Manapparai Taluk, Trichy District.
2. The Head Surveyor,
Manapparai Taluk, Trichy District.
3. The Firka Surveyor,
Pannapatti, Manapparai Taluk,
Trichy District.
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.
http://www.judis.nic.in
W.P.(MD).No.7652 of 2021
N.ANAND VENKATESH, J.
tsg
Order made in
W.P.(MD).No.7652 of 2021
Dated:
08.04.2021
http://www.judis.nic.in
