Madras High CourtWP/7161/2022disposed of

A.Karthikeyan v. The District Collector

2022-03-29Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.7161 of 2022 A.Karthikeyan ... Petitioner Vs.

1. The District Collector, Dharmapuri District.

2. The District Revenue Officer, Dharmapuri District.

3. The Tahsildar, Dharmapuri Taluk, Dharmapuri District.

4. The Inspector of Police, Mathikonpalayam Police Station, Dharmapuri District.

5. The Village Administrative Officer, Semmandakuppam Village, Dharmapuri District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to dispose of online application dated 03.07.2021 for sub division Patta transfer for the land comprising in survey no.309/11 of an extent of 1.75 acres (1/3rd share) situated at Semmandakuppam village,Dharmapuri District, on merits and consequently direct the fourth respondent to give adequate police protection at the time of measuring the land. For petitioner : M/s.E.Udayasankari For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

The petitioner has filed this petition seeking direction to the third respondent to dispose of online application dated 03.07.2021 for sub division Patta transfer for the land comprising in survey no.309/11 of an extent of 1.75 acres (1/3rd share) situated at Semmandakuppam village,Dharmapuri District, on merits and consequently direct the fourth respondent to give adequate police protection at the time of measuring the land.

2. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the owner of the property comprised in Survey No.309/11, measuring an extent of 1.75 acres, situated at Semmandakuppam Village, Dharmapuri District. The petitioner had acquired the property by a Sale Deed dated 29.03.2021, vide Doc.No.2314 of 2021, on the file of SRO, Dharmapuri. Hence, the petitioner made an online application dated 03.07.2021, before the respondents to survey the said property and to sub divide and transfer Patta in his name. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the third respondent to consider the petitioner's representation dated 03.07.2021 within the time frame that may be fixed by this Court.

5. The learned Special Government Pleader appearing for the respondents submits that the petitioner's representation dated 03.07.2021 will be considered by the third respondent within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the third respondent to consider the petitioner's representation dated 03.07.2021, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

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