M.Kalaimani, Vs The Secretary to Government

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 6 to issue separate Patta in the name of M. Kalaimani / petitioner in respect of his schedule mentioned land of 29 cents out of 45 cents from Joint Patta by laying boundary stones within stipulated period of time

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For Petitioner : No appearance

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For Respondents For R1 to 6 : Mr.C.Jayaprakash, Government Advocate

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ORDER

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This writ petition has been filed for direction to the respondents

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to issue separate patta in the name of the petitioner in respect of the subject property.

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On perusal of the counter filed by the fifth respondent and on

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submissions of the learned Government Advocate appearing for respondents

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1 to 6, it is revealed that the petition filed by the petitioner seeking patta in

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2/4

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

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WP.No.267 of 2018 respect of the land admeasuring 0.11.60 ares out of 0.18.0 ares comprised in survey no.82/3 situated at Periyapattu Village, Bhuvanagiri Taluk, Cuddalore

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District was forwarded to the Firka Surveyor, Parangipettai for necessary action and to submit report. After enquiry, the firka surveyor submitted report dated 23.10.2017 to the fifth respondent. As per the report, after receipt of notice, the petitioner and the adjacent land owners failed to appear in person during the survey. Further, during the survey, it was found that the subject land was not in enjoyment of the petitioner. That apart, in respect of the very same property, second appeal is pending before this Court in SA.No.SR56269 of 2016. Therefore, the direction sought for in this writ petition cannot be considered.

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