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Madras High CourtWP/7959/2022disposed of

P.Karventhan v. The State Of Tamil Nadu

2022-04-04Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.NO.7959 OF 2022 AND W.M.P.NO.7949 OF 2022 P.Karventhan ... Petitioner Vs

1. The State of Tamil Nadu, Represented by its, The District Collector, Tirupur District.

2. The District Land Surveyor, District Land Survey Unit, District Collectorate, Tirupur District.

3. The Sub-Collector, Dharapuram Taluk, Tirupur District.

4. The Tahsildar, Dharapuram, Tirupur District.

5. The Head Surveyor, Dharapuram Taluk, Tirupur District.

6. P.Aruchamy ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the fourth and fifth respondents herein, to process the application for subdivision patta transfer vide Can No.133320414134477 and Application No.2021/0105/32/185286 dated 13.11.2021 for subdivision patta transfer from Joint Patta No.754 and issue separate patta to the petitioner's lands, comprised in Survey No.776, for an extent of 5 acres of lands situated in Manakkadu

Village, Dharapuram Taluk, Tiruppur District within a stipulated time as fixed by this Hon'ble Court and file a report regarding the same, before this Hon'ble Court.

For Petitioner : Mr.M.Harish Kumar For R1 to R5 : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the fourth and fifth respondents herein, to process the application for subdivision patta transfer vide Can No.133320414134477 and Application No.2021/0105/32/185286 dated 13.11.2021 for subdivision patta transfer from Joint Patta No.754 and issue separate patta to the petitioner's lands, comprised in Survey No.776, for an extent of 5 acres of lands situated in Manakkadu Village, Dharapuram Taluk, Tiruppur District within a stipulated time as fixed by this Hon'ble Court and file a report regarding the same, before this Hon'ble Court. 2.

Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents 1 to 5. In view of the limited relief sought for in this petition, on the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal. No adverse order is passed against the sixth respondent and hence, his presence is dispensed with.

3.

The case of the petitioner is that, the petitioner is the owner of the property comprised in Survey No.776 to an extent of 5 Acres situated at Manakadu Village, Dharapuram Taluk, Tirupur District. The petitioner made an application for Sub Division Patta Transfer vide Can No.133320414134477 and Application No.2021/0105/32/185286, dated 13.11.2021. However, till date, no order has been passed on the same. Hence, this present petition is filed.

4.

Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the fourth respondent to consider the petitioner's application dated 13.11.2021 and may pass appropriate orders within a particular time frame fixed by this Court.

5.

The learned Government Advocate has no objection for said order being passed.

6.

In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the fourth respondent to consider the petitioner's application dated 13.11.2021 and after affording an opportunity of hearing to the petitioner, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7.

With the above direction, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. No order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mn To

1. The District Collector, The State of Tamil Nadu, Tirupur District.

2. The District Land Surveyor, District Land Survey Unit, District Collectorate, Tirupur District.

3. The Sub-Collector, Dharapuram Taluk, Tirupur District.

4. The Tahsildar, Dharapuram, Tirupur District.

5. The Head Surveyor, Dharapuram Taluk, Tirupur District.

+1cc to the Special Government Pleader, S.R.No.23654 W.P.No.7959 of 2022 and W.M.P.No.7949 of 2022 SKM(CO) PM/21/04/2022