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Madras High CourtWP/26954/2021disposed of

D.Elumalai v. The District Collector

2021-12-20Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.26954 of 2021 D.Elumalai ... Petitioner -Vs1. The District Collector, Collectorate, Tiruvannamalai,

2. The Thasildhar, Polur Taluk, Polur,

3. The Taluk Surveyor, Polur Taluk, Polur,

4. Sampath ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second and third respondents to survey and sub divide and to grant patta in petitioner's name to the properties situated in Dry Old.S.F.No.737, New.S.No.737/1 and Old S.No.741/1, New.S.No.741/1A1 to an extent of 1.07 acres, based upon petitioner's sale deed dated 18.02.2019, registered as Document No.313/2019 on the file of Sub Registrar of Kalambur.

For Petitioner : Mr.R.Ramesh For R1 to R3 : Mr.P.Baladhandayutham Special Government Pleader

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the second and third respondents to survey and sub divide and to grant patta in petitioner's name to

the properties situated in Dry Old.S.F.No.737, New.S.No.737/1 and Old S.No.741/1, New.S.No.741/1A1 to an extent of 1.07 acres, based upon petitioner's sale deed dated 18.02.2019, registered as Document No.313/2019 on the file of Sub Registrar of Kalambur.

2.

Heard Mr.R.Ramesh, learned counsel appearing for the petitioner and Mr.P.Baladhandayutham, learned Special Government Pleader appearing for the respondents 1 to 3. 3.

The petitioner purchased agricultural lands comprised in Dry S.F.No.737, New.S.F.No.737/1 to an extent of 83 cents and in Dry S.F.No.741/1, New S.F.No.741/1A1 to an extent of 21 cents, totally to an extent of 1.07 acres, situated at Padavedu Village. The petitioner submitted his application for sub division and transfer of patta on the file of the second respondent and also paid the requisite fees for surveying the lands. However, it is pending on the file of the second respondent.

4.

Considering the above, the second respondent is directed to issue notice to the petitioner, the fourth respondent and the counter parties if any and conduct an enquiry and pass order to survey the lands in respect of the lands comprised in Dry S.F.No.737, New.S.F.No.737/1 to an extent of 83 cents and in Dry S.F.No.741/1, New S.F.No.741/1A1 to an extent of 21 cents, totally to an extent of 1.07 acres, situated at Padavedu Village, within a period of six weeks from the date of receipt of a copy of this order.

5.

With the above directions, this writ petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar mn To

1. The District Collector, Collectorate, Tiruvannamalai,

2. The Thasildhar, Polur Taluk, Polur,

3. The Taluk Surveyor, Polur Taluk, Polur, +1cc to Mr.R.Ramesh, Advocate, S.R.No.68368 +1cc to Government Pleader. S.R.No.68664 W.P.No.26954 of 2021 RSV(CO) SB(04/01/2022)