T.N.Purushothaman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2019

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.10575 of 2019 T.N.Purushothaman

...Petitioner

Vs.

1.The District Collector Nilagiri District, Uthagamandalam.

2.The Tahsildar Kothagiri Taluk Kothagiri, Nilgiris District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's application dated 23.10.2018 to sub-divide the petitioner's land measuring an extent of 0.04 acres i.e. 4 cents of land comprised in S.No.134/7B, Jagathala Village, Kothagiri Taluk, Nilgiris District.

For Petitioner : Mr.V.Ravi For Respondents : Mr.V.Prabhu Government Advocate

O R D E R

Mr.V.Prabhu, learned Government Advocate takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the 2nd respondent to consider his application dated 23.10.2018, wherein and whereby, he sought for sub-division of the land measuring an extent of 0.04 acres i.e. 4 cents, comprised in S.No.134/7B, Jagathala Village, Kothagiri Taluk, Nilgiris District.

3. It is stated that the petitioner has purchased the above said land from one Srimathi and others, through a registered https://hcservices.ecourts.gov.in/hcservices/

sale deed vide Document No.750 of 2012 dated 30.03.2012. It is further stated that the petitioner has made an application on 23.10.2018, requesting the 2nd respondent to sub-divde the subject matter land. However, as the said application has not been considered by the 2nd respondent, the present writ petition is filed before this Court.

4. Heard both sides.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the 2nd respondent to consider and decide the same on merits and in accordance with law. Thus, this writ petition is disposed of, only with a direction to the 2nd respondent to consider the application of the petitioner dated 23.10.2018 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and other interested parties, if any. Such exercise shall be done by the 2nd respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar mk To 1.The District Collector Nilagiri District, Uthagamandalam.

2.The Tahsildar Kothagiri Taluk Kothagiri, Nilgiris District.

+1cc to Mr.V.Ravi, Advocate, S.R.No.33758 +1cc to the Government Pleader, S.R.No.34695 W.P.No.10575 of 2019 sai(co) cs/27/04/2019 https://hcservices.ecourts.gov.in/hcservices/