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Madras High CourtWP/12510/2020disposed of

N.Ilayaperumal v. The District Collector

2020-09-15Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.09.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH WP.No.12510/2020 N.Ilayaperumal ...

Petitioner

Versus

1.The District Collector Villupuram District, Villupuram.

2.The Revenue Divisional Officer Tindivanam Division, Tindivanam, Villupuram District.

3.The Tahsildar Melmalayanur Taluk Melmalayaur, Villupuram District.

4.The Firka Surveyor Melmalayanur Taluk Melmalayaur, Villupuram District.

5.The Village Administrative Officer Ethapattu Revenue Village, Melmalayanur Taluk, Villupuram District 604201.

...

Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 3rd respondent herein to dispose of petitioner's sub division patta transfer application made online vide Application No.2020/0105/07/265323 dated 03.03.2020 and consequently to issue patta in Survey No.1/2B measuring an extent of Acre 1.36 cents situated at Ethappattu Village, Melmalayanur Taluk, Villupuram District in favour of the petitioner at the earlier point of time as may be fixed by this Court.

For Petitioner :

Mr.N.Elumalai For Respondents :

Mr.M.Mani Gopi, GA

ORDER

(1)This writ petition has been filed for the issue of a writ of mandamus directing the 3rd respondent to consider the on-line application submitted by the petitioner on 03.03.2020 and to conduct a survey and issue patta in the name of the petitioner. (2)The case of the petitioner is that he was allotted 1/3rd share in the suit property in OS.No.302 of 2018 by the District Munsif Court, Gingee. The petitioner wanted the sub-division of the property and patta issued in his favour insofar as the share allotted to him by the Civil Court. The petitioner, therefore, submitted an online application on 03.03.2020 to the 3rd respondent. Since the same has not been acted upon, the present writ petition has been filed, seeking for appropriate directions.

(3)Mr.M.Mani Gopi, learned Government Advocate accepting notice on behalf of the respondents submitted that the application that was made by the petitioner, has been taken on file and in fact, a survey was conducted on 10.09.2020. The learned counsel submitted that the 3rd respondent will take into consideration the records shown by the petitioner and will carry on with the sub-division within the time stipulated by this Court.

(4)Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition and also taking note of the fact that the application submitted by the petitioner has already been acted upon and the survey was conducted on 10.09.2020, there shall be a direction to the 3rd respondent to complete the process and pass final orders with regard to grant of patta in favour of the petitioner within a period of four weeks from the date of receipt of a copy of this order.

(5)This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

To 1.The District Collector, Villupuram District, Villupuram.

2.The Revenue Divisional Officer, Tindivanam Division, Tindivanam, Villupuram District.

3.The Tahsildar, Melmalayanur Taluk, Melmalayaur, Villupuram District.

4.The Firka Surveyor, Melmalayanur Taluk, Melmalayaur, Villupuram District.

5.The Village Administrative Officer, Ethapattu Revenue Village, Melmalayanur Taluk, Villupuram District 604201. +1cc to the Government Pleader Sr.30240 WP.No.12510/2020 vg II[co] srg 09/10/2020