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Madras High CourtWP/20731/2021disposed of

D.Dhanabagiyam v. The District Collector

2021-11-16Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.20731 of 2021 and W.M.P.No.21993 of 2021 D.Dhanabagiyam ... Petitioner -Vs1. The District Collector, District Collectorate,

2. The Revenue Divisional Officer, Revenue Division Office,

3. The Tahsildar, Tahsildar Office, Sankarapuram Taluk,

4. The Village Administrative Officer, Village Administration Office, Sankarapuram Taluk,

5. The Regional Develoopment Officer, Regional Development Office, Sankarapuram Taluk,

6. S.Thangayee ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 to subdivide the lands and to grant patta to the petitioner in respect of the land measuring an extent of 0.02.5 cents, comprised in Old Survey

No.140/1, New Survey No.300/2, Nedumanur Village, Sankarapuram Taluk, Kallakurichi District, pursuant to the petitioner's representation dated 07.09.2018 followed by the representation dated 02.09.2021.

For Petitioner : Mr.P.Valliappan for Mr.C.Prabakaran.

For R1 to R5 : Mr.A.Selvendran Special Government Pleader.

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the respondents 1 to 4 to subdivide the lands and to grant patta to the petitioner in respect of the land measuring an extent of 0.02.5 cents, comprised in Old Survey No.140/1, New Survey No.300/2, Nedumanur Village, Sankarapuram Taluk, Kallakurichi District, pursuant to the petitioner's representation dated 07.09.2018 followed by the representation dated 02.09.2021.

2.Heard Mr.P.Valliappan, learned counsel appearing for the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents 1 to 5.

3. The petitioner submitted an application on 07.09.2018 for sub division and issue Patta in respect of the land admeasuring 0.02.5 cents comprised in Old Survey No.140/1, New Survey No. 300/2, Nedumanur Village, Sankarapuram Taluk, 4.On receipt of the same, the first respondent by the communication dated 20.09.2018, directed the third respondent to sub divide and mutate the Revenue records in the name of the third respondent and report. On receipt of the same, the third respondent did not comply with the direction issued by the first respondent even till today. Therefore, the petitioner submitted another representation, dated 02.09.2021 and it is pending. 5.Considering the above, the third respondent is directed to comply with the direction issued by the first respondent dated 20.09.2018, after issuance of notice to the parties concerned and after giving them an opportunity of hearing, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs. Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar mn To

1. The District Collector, District Collectorate,

2. The Revenue Divisional Officer, Revenue Division Office,

3. The Tahsildar, Tahsildar Office, Sankarapuram Taluk,

4. The Village Administrative Officer, Village Administration Office, Sankarapuram Taluk,

5. The Regional Develoopment Officer, Regional Development Office, Sankarapuram Taluk, +1cc to Mr.C.Prabakaran, Advocate SR.No.58719 +1cc to the Government Pleader, SR.No.59438 W.P.No.20731 of 2021 and W.M.P.No.21993 of 2021 NMI(CO) CB(29/11/2021)