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Madras High CourtWP/11083/2021disposed of

M.Dakshinamoorthy v. The District Collector

2021-06-29Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2021

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN WRIT PETITION NO.11083 OF 2021 M.Dakshinamoorthy ... Petitioner -Versus1. The District Collector, Nagapattinam District, Nagapattinam.

2. The Tahsildar, Office of the Tahsildar, Vedaranyam, Nagapattinam District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents herein to consider and pass orders on the petitioners application dated 7.9.2020 and 14.9.2020 submitted to effect Sub-Division of Patta Transfer for the petitioners lands comprised in S.No. 22/3A1 measuring an extent of 20-1/3 Cents, S.No.21/1A1 measuring an extent of 15.54 Ares, S.No.21/4 measuring an extent of 2.54 Ares , S.No.22/6 measuring an extent of 10.50 Ares, S.No.22/3F measuring an extent of 14.60 Ares, S.No. 21/5 measuring an extent of 0.04.0 Ares and S.No.22/3D measuring an extent of 15.50 Ares respectively situated at Marudur North Village within the jurisdiction of Sub-Registrar Thagattur Vedaranyam Taluk Nagapattinam District. For Petitioner : Mr.S.Nagarajan For Respondent(s) : Mr.K.M.D.Muhilan, Government Advocate for RR1 and 2

ORDER

[This matter has been heard through video conference] This writ petition has been filed seeking a direction to the respondents to consider the applications dated 07.9.2020 and 14.9.2020 made by the petitioner seeking sub division of his lands comprised in S.No. 22/3A1 measuring an extent of 20-1/3 Cents, S.No.21/1A1 measuring an extent of 15.54 Ares, S.No.21/4 measuring an extent of 2.54 Ares, S.No.22/6 measuring an extent of 10.50 Ares, S.No.22/3F measuring an extent of 14.60 Ares, S.No.21/5 measuring an extent of 0.04.0 Ares and S.No.22/3D measuring an extent of 15.50 Ares situated at Marudur North Village within the jurisdiction of Sub-Registrar, Thagattur, Vedaranyam Taluk Nagapattinam District.

2. The petitioners claimed himself to be the owner of the above said lands having purchased under different sale deeds. According to the petitioner, the patta in respect of the above said lands stands in the name of the petitioner and the other owners jointly and he wanted to get patta in his individual name. Therefore, the petitioner made an application to the 2nd respondent seeking sub division and transfer of patta. He has also made a representation to the Revenue Divisional Officer, Nagapattinam. On receipt of the representation of the petitioner, the Revenue Divisional Officer by his proceedings dated 16.12.2020 directed the 2nd respondent to consider the application of the petitioner for sub division and patta transfer and submit a report. The grievance of the petitioner is that despite a direction from the Revenue Divisional Officer, Nagapattinam, the application of the petitioner for sub division of his land and patta transfer has not been considered by the 2nd respondent. Hence, this writ petition.

3. Heard both sides and also perused the records carefully.

4. The learned counsel for the petitioner, on instructions, submitted, that the petitioner would be satisfied, if a direction is issued to the respondents to consider his applications for sub division and patta transfer.

5. Considering the limited nature of relief sought for in the writ petition and the submission made by the learned counsel for the petitioner, this court, without expressing anything on merit, directs the 2nd respondent to consider the applications of the petitioner dated 07.09.2020 and 14.09.2020 for sub division of his lands and patta transfer, after hearing the petitioners as well as other interested parties, if any, and pass suitable orders thereof on merits and in accordance with law, within a period of twelve weeks from the date of receipt

of a copy of this order. This writ petition is disposed of accordingly with the above directions. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kmk To

1. The District Collector, Nagapattinam District, Nagapattinam.

2. The Tahsildar, The Office of the Tahsildar, Vedaranyam, Nagapattinam District.

3. The Revenue Divisional Officer, Nagapattinam District.

WRIT PETITION NO.11083 OF 2021 PL(CO) PBS(28/07/2021)