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Madras High CourtWP/6477/2017disposed of

A.Subramaniam v. The District Collector

2017-03-16Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 16.03.2017

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.6477/2017 A.Subramaniam ...

Petitioner

Versus

1.The District Collector Coimbatore.

2.The Tahsildar Annur Taluk, Annur, Coimbatore District.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents to survey, demarcate, sub-divide and to mark the boundary of petitioner's land and properties in SF.No.229/1A, 2A and 257/1 of Allapalayam Village, Annur Taluk, Coimbatore District, by installing the patio stone and to issue separate patta in respect of petitioner's properties in accordance with the transfer of registry order passed by the 2nd respondent in proceedings No.R.2016/12/11/000001SD dated 17.10.2016 within the time limit as fixed by this Court.

For Petitioner :

Mr.N.Baskaradoss For Respondents :

Mr.A.N.Thambidurai, Spl.GP

ORDER

By consent, the writ petition is taken up for final disposal. Mr.A.N.Thambidurai, learned Special Government Pleader accepts notice on behalf of the respondents. The petitioner claims to have purchased landed property admeasuring to an extent of 2.35.5 hectares comprised in SF.No.257/1 in Allapalayam Village, Avinashi Taluk, Coimbatore District, with specific boundaries with usual cart-way and pathway to ingress and egress from one Chellappan and three others, through a registered Sale Deed bearing Doc.No.4269/2006 dated 04.10.2006 registered on the file of the Sub Registrar,

Annur and he was also issued with patta on 29.01.2007 by the 2nd respondent. The petitioner would further aver that in respect of the lands in S.Nos.229/1A and 2A, he was issued with a joint patta and he made a request to the 2nd respondent to sub-divide his property and make necessary entries in the Revenue and Survey Records and to issue separate patta in his name in respect of the said property and vide order dated 17.10.2016, the 2nd respondent has ordered for sub-division subject to technical inspection of the Taluk Deputy Inspector of Survey. The grievance expressed by the petitioner is that though he has remitted the requisite fee, the request made by him to survey, demarcate and sub-divide and mark boundaries in respect of the landed property in S.Nos.229/1A&2A and 257 at Allapalayam Village, Avinashi Taluk, Coimbatore District, is yet to be complied with and therefore, prays for appropriate orders. Heard the learned counsel appearing for the petitioner and Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 2nd respondent to act on the applications of the petitioner dated 24.10.201 and 31.12.2016 respectively and after putting the concerned person/s on notice, shall pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the person/s concerned.

The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The District Collector Coimbatore.

2.The Tahsildar Annur Taluk, Annur, Coimbatore District.

+1cc to Mr.S.R.Baskaradoss, Advocate Sr.16493 +1cc to the Government Pleader Sr.17038 W.P.No.6477/2017 sks[co] srg 23/03/2017