P.Mani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA P.Mani ... Petitioner Vs.
1.The District Collector District Collectorate Office ,Salem.
2.The Tahsildar, Salem Taluk, Salem District.
3.The Taluk Surveyor, Salem Taluk, Salem District.
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 2nd Respondent to sub divide and issue separate patta in the properties in New S.No.138/2A1A2 and S.No.138/7A (Old S.No.138/2) to an extent of 0.40 1/2 cents at Kondappanaickenpatti Village, Salem Taluk, Salem District based on my online application dated 05.09.2024 and 07.10.2024 by appreciating the above stated facts.
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For Petitioner : M/s.A.Thiyagrajan For Respondents : M/s.A.Selvendran, Spl. GP.
for R.1 and R.2
O R D E R
The above Writ Petition has been filed to direct the 2nd Respondent to sub divide and issue separate patta in the properties in New S.No.138/2A1A2 and S.No.138/7A (Old S.No.138/2) to an extent of 0.40 1/2 cents at Kondappanaickenpatti Village, Salem Taluk, Salem District based on the petitioner's online application dated 05.09.2024 and 07.10.2024.
2. The grievance of the petitioner is that despite making online applications on 05.09.2024 and 07.10.2024 to sub divide the subject property and issue separate patta, the respondents have not considered the said applications to date.
3. Heard the learned counsel for the petitioner and the learned Spl.GP accepting notice for the respondents 1 to 3. 2/5
4. Considering the facts and circumstances of the case and as the petitioner's online applications dated 05.09.2024 and 07.10.2024 have not been considered to date, the 2nd respondent is directed to consider the petitioner's online applications dated 05.09.2024 and 07.10.2024 to sub divide the subject property and issue separate patta. 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 8 weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is allowed. No costs.
29.01.2025 (shr) Index : Yes/No Speaking Order: Yes/No 3/5
To 1.The District Collector District Collectorate Office ,Salem.
2.The Tahsildar, Salem Taluk, Salem District.
3.The Taluk Surveyor, Salem Taluk, Salem District.
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P.T. ASHA . J., (shr) 29.01.2025 5/5