D.Elumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.12723 of 2021 D.Elumalai, S/o. Duraisamy ... Petitioner Vs.

1. The District Collector, O/o. The District Collector, Villupuram, Villupuram District.

2. The Assistant Director of Land Survey, Land Records Department, District Collector Campus, Villupuram, Villupuram Dt.

3. The Tahsildar, O/o. The Tahsildar, Melmalaiyanur Taluk, Villupuram Dt.

... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondents to make an enquiry on the petitioner representation and to issue patta to the land bearing Survey No.191/4B to an extent of 0.2 3⁄4 cent out whole extent of 0.54 cents at Seruthalaipoondi Village, Melmalaiyanur Taluk, Villupuram District, by considering and disposing of the petitioner's representation dated 17.09.2018. For Petitioner :

Mr.S.Rajkumar For Respondents :

Mr.Yogesh Kannadasan, Government Advocate

O R D E R

(The case has been heard through video conference) The writ petition has been filed seeking a direction directing the respondents to conduct enquiry on the petitioner's representation dated 17.09.2018 and to issue patta to the land bearing Survey No.191/4B situated at Seruthalaipoondi Village, Melmalaiyanur Taluk, Villupuram District in his favour.

2. The grievance of the petitioner is that, by means of family partition, the petitioner and other co-owners partitioned certain properties. Thereafter, the petitioner has made an application before the 3rd respondent Tahsildar on 17.09.2018 seeking for a separate patta and subsequently, he has also approached the 3rd respondent regularly. But, so far, his application was not considered and no order has been passed on it. Hence, the present writ petition has been filed by the petitioner.

3. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the 3rd respondent is directed to consider the petitioner's application and pass suitable orders on merits in accordance with law after hearing the petitioner as well as other interested parties, if any within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rpp To

1. The District Collector, O/o. The District Collector, Villupuram, Villupuram District.

2. The Assistant Director of Land Survey, Land Records Department, District Collector Campus, Villupuram, Villupuram District.

3. The Tahsildar, O/o. The Tahsildar, Melmalaiyanur Taluk, Villupuram District.

+1cc to the Government Pleader Sr.28448 +1cc to Mr.X.Selvam Sounder, Advocate Sr.28042 W.P.No.12723 of 2021 sr-II[co] srg 16/07/2021