Selvaraj vs The District Revenue Officer
2022 Latest Caselaw 9122 Mad

                                                                                W.P.(MD)No.8479 of 2022


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 28.04.2022

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                               W.P.(MD)No.8479 of 2022
                     Selvaraj                                                  .. Petitioner

                                                            Vs.

                     1.The District Revenue Officer,
                       Dindigul, Dindigul District.

                     2.The Revenue Divisional Officer,
                       Dindigul, Dindigul District.

                     3.The Tahsildar,
                       Dindigul East Taluk,
                       Taluk Office,
                       Dindigul, Dindigul District.

                     4.Jiyavuthin                                              ... Respondents

                     PRAYER: Petition filed under Article 226 of the Constitution of India to

                     issue a Writ of Mandamus, directing the 2nd Respondent to sub divide the

                     S.No.157, situated at Sirumalai Revenue Village, Dindigul East and

                     Taluk, Dindigul District and issue separate patta in the petitioner name.

                                     For Petitioner      : Mr.R.Murugappan
                                     For Respondent      : Mr.B.Saravanan for R1 to R3
                                                         Additional Government Pleader

                     1/6
https://www.mhc.tn.gov.in/judis
                                                                                W.P.(MD)No.8479 of 2022


                                                           ORDER

This writ petition has been filed for a Mandamus seeking for a

direction to the third respondent to consider the petitioner's

representations, dated 14.07.2021, seeking for a direction to subdivide

the property comprised in S.No.157, situated at Sirumalai Revenue

Village, Dindigul East and Taluk, Dindigul District and thereafter, issue

patta in the name of the petitioner, within a time frame to be fixed by this

Court.

2.Heard Mr.R.Murugappan, learned counsel appearing for the

petitioner and Mr.B.Saravanan, learned Additional Government Pleader,

who accepts notice on behalf of the respondents 1 to 3.

3.According to the petitioner, he is the owner of the

aforementioned property, pursuant to a partition deed, dated 16.03.1995

and a civil Court judgment and decree dated 12.08.2015, passed in

O.S.No.770 of 2013, by the Additional District Munsif, Dindigul. The

petitioner has given a representation on 14.07.2021, seeking for issuance

of patta in his name for the aforementioned property. Since the

https://www.mhc.tn.gov.in/judis W.P.(MD)No.8479 of 2022

representation has not been considered till date, he has filed this writ

petition.

4.The petitioner has filed documents along with the writ petition,

which includes the copy of the partition deed, dated 16.03.1995, copy of

the judgment and decree passed in O.S.No.770 of 2013 by the learned

Additional District Munsif, Dindigul dated 12.08.2015 and copy of the

patta bearing patta No.1237 standing in the name of the 4 th respondent. It

is for the third respondent to consider the same on merits and to decide as

to whether the petitioner is entitled for subdivision and for issuance of a

separate patta in his name.

5.No prejudice will be caused to the respondents, if the petitioner's

representation, seeking for subdivision and issuance of separate patta is

considered on merits and in accordance with law, after affording a fair

hearing to the petitioner, fourth respondent, and any other necessary

party, whom the third respondent deems fit to enquire.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.8479 of 2022

6.For the foregoing reasons, this Court directs the third respondent

to pass final orders on the petitioner's representation, dated 14.07.2021,

seeking for subdivision and issuance of separate patta in his name in

support of the property comprised in S.No.157, situated at Sirumalai

Revenue Village, Dindigul East and Taluk, Dindigul District and pass

final orders on merits and in accordance with law, after affording a fair

hearing to the petitioner, fourth respondent, and any other necessary

party, whom the third respondent deems fit to enquire, including granting

them the right of personal hearing, within a period of three months from

the date of receipt of a copy of this order.

7.With the aforesaid directions, this writ petition is disposed of. No

costs.

28.04.2022 Index: Yes/No Internet : Yes/No TM

To

1.The District Revenue Officer, Dindigul, Dindigul District.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.8479 of 2022

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Tahsildar, Dindigul East Taluk, Taluk Office, Dindigul, Dindigul District.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.8479 of 2022

ABDUL QUDDHOSE, J.

TM

W.P.(MD)No.8479 of 2022

28.04.2022

https://www.mhc.tn.gov.in/judis