KANAGAM Vs. STATE

JUDGEMENT

(1.) This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondent herein to dispose the petition pending before him in Na.Ka.D3/15921/2015, dated 08.09.2015, within a time frame to be fixed by this Court.

(2.) The petitioner submits that the property in S.F.No.79, which consists of 48 Acres and 10 cents, situated at Pudukkottai District, Thirumayam Taluk, originally belonged to one Muthuraman Servai. After his demise, his legal heir viz., Duraisamy Servai inherited the said property. Thereafter, Duraisamy's only legal heir, viz., Kathirvel Servai got the property by way of inheritance. The said Kathirvel died on 08.09.2010, leaving behind the petitioner and his sons and daughters viz., Sivasubramanian, Neelamegam and Vallimayil, as legal heirs.

(3.) The petitioner further submits that originally, the above said property was included in Patta No.6. But, during UDR Survey, instead of Kathirvel Servai, the name of Palaniyandi Servai and 25 others were mentioned with respect to the above said property and the above said survey number was sub-divided into 35 separate survey numbers and Patta was also issued in Patta Nos.109, 25, 235, 77, 79, 123, 122, 188, 81, 24, 173, 133, 131, 156, 80, 201, 137, 62, 136, 192, 116, 155, 38, 158, 141, 135, 27, 125 and 26. The said mistake was happened during the UDR survey. However, the possession with respect to the above said properties is with the petitioner and other legal heirs of Late.Kathirvel only. The above said Palaniyandi Servai and 25 others are no way connected with the above said property and they have neither in possession of the said property nor have title over the said property. Except the above, no encumbrance was available with respect to the above said property.