R.Subramaniam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.11365 of 2024 R.Subramaniam .. Petitioner
Versus
1. The District Collector, Villupuram District.
2. The Revenue Divisional Officer, Villupuram District.
3. The Tahsildar, Villupuram Taluk, Villupuram District.
4. A.Annamalai .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to conduct enquiry and pass orders based on the report submitted by the 3rd respondent through his communication dated 31.01.2022 and thereby sub-divide and mutate the patta in favour of the petitioner for the left out land measuring an extent of 0.57 cents situated in S.No.43/5A1, V.Pudupalayam Village, Kandacheepuram Taluk, Villupuram District, within a time frame fixed by this Court.
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For Petitioner : Mr.P.Dinesh Kumar For R1 to R3 : Mr.P.Sathish Additional Government Pleader
O R D E R
By consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed for a direction to the second respondent to conduct enquiry and pass orders based on the report submitted by the third respondent through his communication dated 31.01.2022 and thereby sub-divide and mutate the patta in favour of the petitioner for the left out land measuring an extent of 0.57 cents situated in S.No.43/5A1, V.Pudupalayam Village, Kandacheepuram Taluk, Villupuram District.
3. It is the case of the petitioner that he purchased an extent of 0.70 cents of land comprised in Survey No.43/5A, Pudupalayam Village, Kandacheepuram Taluk, Villupuram District from Kuppusamy Mudaliar and another vide registered sale deed dated 10.12.1989. While doing sub-division, 2/4
the petitioner was granted patta for 0.13 cents and the 4th respondent was granted patta for 0.78 cents. The petitioner submitted an online application for sub-division and patta transfer to the 3rd respondent on 26.11.2018. The petitioner has given representations dated 10.06.2019 to the 1st respondent and 22.07.2019 to the 2nd respondent to correct the mistake and mutate the patta in the name of the petitioner as per the sale deed. The 2nd respondent, based on the petitioner's representation dated 22.07.2019, sent a communication to the 3rd respondent and directed to take necessary action. On 06.06.2020, the petitioner issued legal notice to the respondents 1 to 3 to consider his representation. The 2nd respondent sent a communication on 11.06.2020 to the 3rd respondent to take necessary action.
The 3rd respondent issued a notice dated 31.12.2021 to the petitioner and the family of the 4th respondent and conducted an enquiry on 12.01.2022. The enquiry report has been submitted to the 2nd respondent for further action. Since no action has been taken, the petitioner has come out with the present Writ Petition.
4. Heard learned counsel for the petitioner as well as the learned Additional Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.
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N. SATHISH KUMAR , J.
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5. Considering the limited relief sought for in this writ petition, there shall be a direction to the second respondent to conduct enquiry in this regard and pass orders based on the report submitted by the 3rd respondent vide his communication dated 31.01.2022 on merits after giving an opportunity of hearing to the petitioner as well as the 4th respondent within a period of two months from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs. 26.04.2024 gsa Index : Yes/No Internet : Yes/No To,
1. The District Collector, Villupuram District.
2. The Revenue Divisional Officer, Villupuram District.
3. The Tahsildar, Villupuram Taluk, Villupuram District.
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