Madras High CourtWP/6883/2024disposed of

S.Selvi v. The Tahsildar

2024-03-18Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.Selvi W/o.Sakthivel ... Petitioner versus 1.The Tahsildar Punjaiedaiyar Melmugam Village Paramathivelur Taluk Namakkal District.

2.The Inspector (Land Survey) Divisional Inspector Office Paramathivelur Taluk Namakkal District.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 2 nd respondent to consider the petitioner's sub division and patta transfer application vide Can No.13309042174484 and application No.2024/0105/09/276016 dated Pg.Nos.1/6

08.02.2024 for his property situated in Survey No.46/2A1 measuring about 3540 sq.ft Punjaiedaiyar Mulmugam, Paramathivelur, Namakkal District. For Petitioner :

Mr.B.Thirumalai For Respondents :

Mr.A.Selvendran Special Government Pleader

O R D E R

Mr.A.Selvendran, learned Special Government Pleader accepts notice for the respondents. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the second respondent to consider the petitioner's application dated 08.02.2024 bearing reference No.13309042174484 and reference No.2024/0105/09/276016, wherein and whereby, she sought for subdivision and patta transfer in her favour in respect of the property Pg.Nos.2/6

situated in Survey No.46/2A1 measuring an extent of 3540 sq.ft in Punjaiedaiyar Mulmugam, Paramathivelur, Namakkal District.

3. The main grievance of the petitioner is that no action has been taken on his application. Hence, the present writ petition has been filed.

4. The learned Special Government Pleader appearing for respondents submits that the application of the petitioner would be considered on merits and in accordance with law by the authority concerned.

5. Heard both sides and perused the materials available on record.

6. Since this writ petition is filed for Mandamus simpliciter, to direct respondents to consider the application of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the respondents to consider the application of the petitioner dated Pg.Nos.3/6

08.02.2024 and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as rival claimants/interested parties/objectors/aggrieved parties/adjacent owners if any. Such exercise shall be completed within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.

7. With the above directions, the writ petition is disposed of. However, there shall be no order as to costs.

18.03.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.4/6

To 1.The Tahsildar Punjaiedaiyar Melmugam Village Paramathivelur Taluk Namakkal District.

2.The Inspector (Land Survey) Divisional Inspector Office Paramathivelur Taluk Namakkal District.

Pg.Nos.5/6

P.VELMURUGAN, J.

ms 18.03.2024 Pg.Nos.6/6