B.Ramamoorthy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.10635 OF 2022 B.Ramamoorthy

...Petitioner

Vs.

1.The District Collector, Tiruppur, Tiruppur District.

2.The Revenue Divisional Officer, Tiruppur, Tiruppur District.

3.The Tahsildar, Palladam, Tiruppur District.

4.The Surveyor, Palladam, Tiruppur District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third and fourth respondents to issue a separate sub division patta in the name of petitioner after survey of his property comprised in S.No.353/1B situated at Sukkampalayam Village, Palladam, Tiruppur District by considering his representation dated 10.01.2022.

For petitioner :

Mr.V.Boopathi Kannan for K.Myilsamy For Respondents :

Mr.Yogesh Kannadasan Special Government Pleader

ORDER

The petitioner has filed this petition seeking direction to the third and fourth respondents to issue a separate sub division patta in the name of petitioner after survey of his property comprised in S.No.353/1B situated at Sukkampalayam

Village, Palladam, Tiruppur District by considering his representation dated 10.01.2022.

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 S.No.353/1B, measuring an extent of 20 cents, situated at Sukkampalayam village, Palladam, Tiruppur District. The petitioner had acquired the property by a registered Sale Deed dated 25.02.2021 in Doc.No.3641 of 2021 on the file of SRO, Palladam. Hence, the petitioner made a representation dated 10.01.2022, before the third respondent to survey the property and issue a separate sub division Patta. However, till date no action has been taken by the third respondent 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 and fourth respondents to consider the petitioner's representation dated 10.01.2022 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 10.01.2022 will be considered by the third and fourth respondents 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 and fourth respondents to consider the petitioner's representation dated 10.01.2022, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the aggrieved persons.

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

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar tri

To 1.The District Collector, Tiruppur, Tiruppur District.

2.The Revenue Divisional Officer, Tiruppur, Tiruppur District.

3.The Tahsildar, Palladam, Tiruppur District.

4.The Surveyor, Palladam, Tiruppur District.

+1cc to the Government Pleader Sr.No.30889 W.P.No.10635 of 2022 PVSI(CO) RVM(19/05/2022)