Chinnasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 753 of 2025 Chinnasamy

...Petitioner

Vs.

1.The District Collector Office of Collectorate, Dharmapuri District, Dharmapuri 2.The Thasildar Palacode Taluk, Palacode, Dharmapuri District

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to sub-divide the survey nos.172 to an extent of 5.30 puja acres in Ernakuttahalli Village, Palacode Taluk, Dharmapuri District, to issue a separate patta in the name of the petitioner based on the petitioner application dated 18.10.2024 1/6

For Petitioner :

Mr. M.Selvam For Respondents :

Mr. M.R.Gokul Krishnan Additional Government Pleader.

O R D E R

The Writ Petition is filed for the following relief: "To direct the 2nd respondent to sub-divide the survey nos.172 to an extent of 5.30 puja acres in Ernakuttahalli Village, Palacode Taluk, Dharmapuri District, to issue a separate patta in the name of the petitioner based on the petitioner application dated 18.10.2024."

2. It is the case of the petitioner that he purchased the subject property vide sale deed dated 17.07.2024, in Doc.No.3471/2024. The petitioner submitted an application dated 18.10.2024, to the 2nd respondent for the subdivision and issue of a separate patta in his 2/6

favour. There is no response from the 2nd respondent. Therefore, the Writ Petition.

3. Heard the learned counsels on the either side and perused the records.

4. Considering the facts and circumstances of the case, the 2nd respondent is directed to consider the petitioner's representation and conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the property and the 2nd respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The said exercise shall be completed within a period of 6 weeks, from the date of receipt of a copy of this order.

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5. The Writ Petition is allowed. No costs.

10.01.2025 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The District Collector Office of Collectorate, Dharmapuri District, Dharmapuri 2.The Thasildar Palacode Taluk, Palacode, Dharmapuri District 5/6

P.T. ASHA, J, kan W.P.No. 753 of 2025 10.01.2025 6/6