S.Varadharaj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.Varadharaj ... Petitioner vs.

1.The District Collector, Kanchipuram District, Kanchipuram.

2.The Tahsildar, Uthiramerur Taluk, Uthiramerur, Kanchipuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent herein to issue an individual patta in the name of the petitioner in respect of punja Survey No.1051, to an extent of 0.38 cents out of total extent of 1.18 acres, situated at Perunagar B Village, Uthiramerur Taluk and Kanchipuram District by making an appropriate sub division in respect of existing joint patta extract No.645 as per the partition deed vide Doc No. 1273/2002 dated 12.08.2002.

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For Petitioner : Mr.D.Murthy For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the 2nd respondent to issue an individual patta in his name in respect of the property situate in Survey No.1051 to an extent of 0.38 cents out of 1.18 acres at Perunagar B Village, Uthiramerur Taluk, Kanchipuram District by considering his representation dated 11.06.2024.

2. According to the petitioner, he got the above mentioned property under a registered sale deed dated 12.08.2002. Since the patta for the property stands in the name of various persons in respect of entire extent of 1.18 acres, the petitioner seeking issuance of individual patta in respect of 38 cents allotted to him by submitting a representation on 11.06.2024 and the same has not been considered till date. Hence, he is before this Court.

3. Mr.P.Sathish, learned Additional Government Pleader, who is 2/5

taking notice for the respondents would submit that the representation of the petitioner dated 11.06.2024 will be considered on its own merit within the time fixed by this Court provided, the petitioner makes necessary charges for effecting sub-division of the property.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 2nd respondent to consider the representation of the petitioner dated 11.06.2024 and pass final orders on its own merit and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is needless to say, if any demand is made by the 2nd respondent for payment of charges for sub-division of the property, the petitioner shall make necessary payment, as per the demand.

5. With the above direction, the Writ Petition stands disposed of. No costs.

21.08.2024 kkn Index : Yes/No 3/5

Speaking order:Yes/No S.SOUNTHAR, J.

KKN To 1.The District Collector, Kanchipuram District, Kanchipuram.

2.The Tahsildar, Uthiramerur Taluk, Uthiramerur, Kanchipuram District.

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