ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents 1 and 2 to measure the Petitioner's land measuring an extent of 0.18.5 ares comprised in S.f.No.655/1C1A1 situated at Thekkatur Village, Thirumayam Taluk, Pudukkottai District within the reasonable time fixed by this Court.

2.Ms.K.Christy TheBoral, learned Additional Government Pleader takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.The case of the Petitioner is that the prayer mentioned property originally belonged to one Chinnaiah and was in absolute possession and enjoyment of the same. The Petitioner's father Raju had purchased the above said property from the said Chinnaiah for valuable consideration by way of registered sale deed in Doc.No.933, dated 27.8.1986 and from the date of purchase, the Petitioner's father was in possession and ejoyment of the same. The Petitioner's father died on 19.11.2019, leaving beinbg the Petitioner, his mother, his three sisters as legal heirs.Since the Petitioner's sisters were in far away places, the Petitioner has put up a shop in the name and style of Athangudi Tiles Sho and hence, he was in possession and enjoyment of the said land. In the meanwhile, the Petitioner had made an application for patta transfer and sub-division of patta transfer in Application No.2022/0103/22/192750 and 2022/0105/22/154682 respectively with relevant documents.The third respondent, without having any right over the property, objected for the above said application. Hence the Petitioner sent a representation along with copy of the challan for remitting the fees to survey and demarcate the four boundaries. As the same was not considered by the authorities, the Petitioner has filed this Writ Petition for the relief stated supra.

4.The learned Additional Government Pleader appearing for the respondents 1 and 2, on instructions, would state that the above said land stood as a joint patta in the name of Vellaichamy, son of Chinnapayal and Chinniah, son of Vaithi in Patta No.2487.The Petitioner's father had purchased 0.18.50 ares as per Document No.774/1986 and the entire extent of land in the joint patta has been purchased, however, the Petitioner's father had not obtained any document from the joint patta holder Vellaichamy, son of Chinnapayal. Hence the entire extent cannot be sub-divided in favour of the Petitioner. If the Petitioner is aggrieved by this order, the Petitioner has an appeal remedy before the Revenue Divisional Officer.

5.It is seen from the records that the land sought to be surveyed stands as joint patta in the name of one Vellaichamy, son of Chinnapayal and Chinnaiah, son of Vaithi. Hence the prayer sought for by the Petitioner cannot be granted as the petitioner's father had purchased the above said property from one of the patta holders, when the patta for the said land stands in the name of two persons as joint patta.

6.On the above facts and circumstances, this Court, without going into the merits of the matter, directs the first respondent to consider the representation of the Petitioner given in this regard on 24.6.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of four weeks from the date of receipt of a copy of this order. 7.With the above direction, the Writ Petition stands disposed of. No costs.

11.11.2022 Index : Yes/No Internet:Yes/No vsn To

1.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

2.The Taluk Surveyor, Thirumayam Taluk, Pudukkottai District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.25688 of 2022

11.11.2022