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2012 DIGILAW 2233 (MAD)

C. Manoharan v. Tahsildar (Village Natham) Ambattur Taluk, Thiruvallur District

2012-06-05

M.JAICHANDREN

body2012
Judgment :- 1. This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus to direct the respondents to consider the name of the petitioner for the grant of patta, in respect of the property situated in S.No.163/2B, in Pandeeswaram Village, Ambattur Taluk, Thiruvallur District, on his long standing enjoyment over the Natham land. 2. No appearance for the respondents 3 to 5. 3. A counter affidavit, dated 29.11.2011, has been filed denying the averments made by the petitioner in his affidavit filed in support of the writ petition. 4. Paragraph 9 of the counter affidavit reads as follows: "9.) It is respectfully submits that the present case is concerned on verification of the survey records, it is found that the petitioner's land has not been subdivided since the petitioner's land has no proper access and separate boundary. According to Tamil Nadu Survey Land Boundary Act, if a land has no boundary and access, that land need not be subdivided and issued a separate Patta. The respondent submits that the petitioner's land is not having eligibility to be subdivided and issue Patta separately and also as the petitioner's land is in isolation position, a joint Patta is also not possible. Further a decision could be taken only after a judgment in the court of District Munsif at Ambattur (O.S.No.156 of 2008) which is between the petitioner and the adjacent land owners on the same subject." 5. In the said paragraph, it has been stated that a decision could be taken only after the judgment is rendered, by the District Munsif Court, Ambattur, in O.S.No.156 of 2008. 6. The learned counsel appearing for the petitioner had pointed out that the Judgment, in O.S.No.156 of 2008, had been passed, on 4.11.2009. Therefore, the first respondent could take a decision in the matter, as stated in paragraph 9 of the counter affidavit. 7. In such circumstances, the first respondent is directed to consider the representation of the petitioner, dated 6.12.2010, and pass appropriate orders thereon, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, as well as to the respondents 3 to 5, as expeditiously as possible. The writ petition is disposed of accordingly. No costs. Connected M.P.No.1 of 2011 is closed.