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A.Vellaichamy v. The Tahsildar

Madras HC31 Oct 2019WP(MD)/21891/2019

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court granted the petitioner's request for a writ of mandamus directing the Tahsildar and other respondents to dispose of a representation made on 06.08.2019 regarding the subdivision of land and issuance of a separate patta within eight weeks.

What did the court decide?

Directing the Sixth Respondent to dispose of the representation dated 06.08.2019 within eight weeks, providing opportunity to third parties if necessary, and communicating the disposal order within se

A.Vellaichamy Vs The Tahsildar — Land Acquisition | Madras HC (2019)

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W.P(MD)No.21891 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE M.SUNDAR

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W.P(MD)No.21891 of 2019

A.Vellaichamy

... Petitioner

Vs.

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

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2.The Head Surveyor, Dindigul East Taluk Office,

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Dindigul District.

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3.The Village Administrative Officer, Sengurichi Village, Dindigul East Taluk Office, Dindigul District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents herein to make appropriate subdivision and issue separate patta in the name of the petitioner in respect of property bearing Survey No.74/3 of the extent of 15 cents, Survey No.81/2 of the extent of 45 cents situated at Sengurichy Village, Dindigul East Taluk Office, Dindigul District by considering the petitioner's representation dated 06.08.2019.

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For Petitioner : Mr.R.Thangapandian For Respondents : Mr.K.Mu.Muthu, Additional Government Pleader.

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ORDER

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Mr.R.Thangapandian, learned counsel on record for writ petitioner and Mr.K.Mu.Muthu, learned Additional Government Pleader on behalf of all three respondents are before this Court.

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With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.

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3. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 06.08.2019 wherein writ petitioner has sought sub-division / separate patta for land which according to writ petitioner belongs to him. https://hcservices.ecourts.gov.in/hcservices/

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W.P(MD)No.21891 of 2019

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4. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the first respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 06.08.2019, details of which have been alluded to supra.

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5. Learned State counsel submitted that the first respondent is the authority who shall consider the aforementioned representation dated 06.08.2019 made by the writ petitioner (page No.23 of the typed set of papers forming part of the case file).

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6. The aforesaid representation dated 06.08.2019 shall be disposed of by the first respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight (8) weeks from the date of receipt of a copy of this order.

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7. It is made clear that in the course of the representation being considered by the first respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the first respondent shall give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter. The authority concerned shall not embark upon any exercise which is within the domain of civil Court jurisdiction.

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8. The proceeding / order of disposal shall be communicated by the office of the first respondent to the writ petitioner and others concerned (if any) under due acknowledgement within seven (7) working days from the completion of aforesaid exercise.

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9. Instant Writ Petition is disposed of with the above directions. No costs.

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Assistant Registrar (CS-III)

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// True Copy //

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Sub Assistant Registrar(CS )

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https://hcservices.ecourts.gov.in/hcservices/

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W.P(MD)No.21891 of 2019

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1.The Tahsildar, Dindigul East Taluk Office, Dindigul District. 2.The Head Surveyor, Dindigul East Taluk Office, Dindigul District.

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3.The Village Administrative Officer, Sengurichi Village, Dindigul East Taluk Office, Dindigul District.

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+1 CC to Mr.R.THANGAPANDIAN, Advocate (SR-95100[F] dated 31/10/2019 ) +1 CC to SPL GP ( SR-95490[F] dated 01/11/2019 )

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W.P(MD)No.21891 of 2019 31.10.2019

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PS MK (11.11.2019) 3P 6C

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https://hcservices.ecourts.gov.in/hcservices/

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A.Vellaichamy v. The Tahsildar

Case brief

What is this about?

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A.Vellaichamy v. The Tahsildar

Case brief

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