Sub division effected in the year 1984 without notice - Appeal can be filed from the date of knowledge along with condone delay petition

 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.02.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.28132 of 2022
and
W.M.P(MD)No.22210 of 2022

G.Ayyalusamy                 ... Petitioner
Vs.

1.The Revenue Divisional Officer,
   Sattur, Virudhunagar District.

2.The Tahsildar,
   Vembakkottai Taluk,
   Virudhunagar District.

3.Kaliammal

4.Maheswari

5.Ayyammal

6.Sivakumar

7.Kaliraj                                     ... Respondents
    
    Prayer: Writ petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to take
action in accordance with law for rectifying the erroneous sub~division of
Survey No.7/3 as survey Nos.7/3A and 7/3B at Servaikaranpatti, Vembakkottai
Taluk, Virudhunagar District and cancel the Patta in Patta No.91 and 107 and
grant Patta in accordance with actual enjoyment after conducting thorough
enquiry within the time stipulated by this Court.
    For Petitioner     : Mr.M.Kannan
    For R1 and R2     : Mrs.S.Jeyapriya
              Government Advocate

    For R3 and R4    : Mrs.S.Mahalakshmi
 
    
                 * * *

O R D E R
    Heard the learned counsel on either side.

    2.Gurusamy Chettiar and Gopalsamy Chettiar had equal share in the
petition mentioned properties.  It appears that there was an oral partition
between them.  While the petitioner would claim that as per the division,
Gurusamy Chettiar was to enjoy the eastern portion, the private respondents
would claim that the northern portion was allotted to them.  In other words,
there is a divergence as regards the mode of division.  It appears that the
individual patta was issued in favour of the private respondents way back in
the year 1984.  Classification had also been done.  The petitioner states
that these changes were done without notice.  The petitioner would also claim
that the sub division was erroneously done and that it should be rectified.  
The petitioner has given a representation in this regard to the first
respondent.  Obviously, the appeal by the petitioner has not been filed in
time.  The petitioner would contend that limitation would start running from
the date of knowledge.  Therefore, he has to necessarily file a condone delay
petition in the appeal to be filed before the first respondent.  It is for
the first respondent to take a call in the matter.  However, the first
respondent will number the petitions, to be filed by the petitioner and after
due notice to the respondents, take a call on merits and inaccordance with
law.  

    3.With this observations, this Writ Petition is disposed of.  No costs.  
Consequently, connected miscellaneous petition stands closed.
        
                
                             08.02.2023
NCC    : Yes / No
Index     : Yes / No
Internet     : Yes/ No

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G.R.SWAMINATHAN,J.

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To:
1.The Revenue Divisional Officer,
   Sattur, Virudhunagar District.

2.The Tahsildar,
   Vembakkottai Taluk,
   Virudhunagar District.                        

W.P.(MD)No.28132 of 2022















08.02.2023