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Madras High CourtWP/6621/2025disposed of

S.Syed Shazib, v. The District Collector

2025-02-27Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-02-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. S.Syed Shazib S/o Syed Shafiullah, No 12/3D, Naidu Street, Pidagam @ Elavanasoor, Elavanasoor Post 607 202, Ulundurpet Taluk, Kallakurichi District Petitioner(s) Vs

1. The District Collector Kallakurichi District, Kallakurichi 2.The District Revenue Officer The District Collector's Office, Kallakurichi District 3.The Revenue Divisional Officer 4.The Tahsildar

2/6 5.The Taluk Surveyor Survey And Land Records, Uludurpet, Kallakurichi District Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, direct the 3rd Respondent herein and the Survey, the 4th Respondent herein to carry out Sub-Division of the property measuring an extent of 20 Cents, Comprised in R.S. No 398/2, situated in Pidagam Village, Ulunderpet Taluk, Kallakurichi District, more fully described in the Schedule to the Gift Settlement Deed dated 29.07.2024, registered as Doc. No.3321 of 2024 in the office of the Sub-Registrar, Elavanasoor and issue separate patta to the petitioner herein.

For Petitioner(s):

T.R.Sathiya Mohan For Respondent(s):

Mr.M.R.Gokul Krishnan Additional Government Pleader

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 3 rd and 4 th respondents to conduct the survey in the subject property and to carry out the sub division in the property and to issue separate patta in favour of the petitioner.

3/6 2.Heard Mr.T.R.Sathiya Mohan, learned counsel appearing on behalf of the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader appearing on behalf of respondents.

3.The petitioner is claiming right and title over the subject property by virtue of a registered Settlement Deed dated 29.07.2024 that was executed by the father of the petitioner. The specific case of the petitioner is that the patta stands in the name of the father and apart from executing the Settlement Deed in favour of the petitioner, another Settlement Deed was executed in favour of his brother. Hence, both of them have submitted representation seeking for the sub division of the property and for issuance of separate patta in their names. Since the same was not considered, the present writ petition has been filed before this Court.

4.Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to

4/6 the 3 rd respondent to act upon the application submitted by the petitioner and also the representation made by the petitioner on 14.11.2024 and pass appropriate orders, within a period of six weeks from the date of receipt of copy of this order.

5.This writ petition is disposed of with the above directions. No Costs. 27-02-2025 (2/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr To

1. The District Collector Kallakurichi District, Kallakurichi 2.The District Revenue Officer The District Collector's Office, Kallakurichi District 3.The Revenue Divisional Officer

5/6 4.The Tahsildar 5.The Taluk Surveyor Survey And Land Records, Uludurpet, Kallakurichi District

6/6 N.ANAND VENKATESH J.

ssr 27-02-2025 (2/2)